State v. Davis

Citations

• 123 La. 133
• 48 So. 771
• 1909 La. LEXIS 686

Syllabus

<p>1. Criminal Law (§ 736*) — Trial — Reception oe Evidence — Preliminary Prooe— Questions eor Court.</p> <p>It is for the trial judge, and not the jury, to determine, on a murder trial, whether an overt act of hostility has been sufficiently proved to open the door for evidence of prior difficulties, previous threats, and dangerous character.</p> <p>[Ed. Note. — For other cases, see Criminal Law, Cent. Dig. § 1219; Dec. Dig. § 736.*]</p> <p>2. Homicide (§ 331*) — Appeal—Review—Discretion oe Court — Exclusion oe Evidence.</p> <p>In determining this question, the judge may consider the evidence pro and con, and his ruling will not be disturbed except where the evidence to the contrary is clear and convincing. This is the settled jurisprudence of this court.</p> <p>[Ed. Note. — Eor other eases, see Homicide, ■Cent. Dig. § 698; Dec. Dig. § 331.*]</p> <p>.3. Criminal Law (§ 670*) — Reception oe Evidence-Preliminary Prooe.</p> <p>While evidence of prior threats is admissible, in a proper case, for the restricted purpose of showing that the deceased probably brought on the difficulty, such evidence is not admissible under a general offer to prove communicated threats and dangerous character, based on the theory that an overt act has already been proven.</p> <p>[Ed. Note. — For other cases, see. Criminal Law, Dec. Dig. § 670.*]</p> <p>(Syllabus by the Court.)</p>