State v. Dowdell

Citations

• 106 La. 645

Syllabus

<p>Syllabus</p> <p>1 defendant Indicted under a statute malting it a crime “to shoot at any dwelling house, any person being lawfully therein,” who is shown by the evidence to have lain in wait at night until the occupant of a dwelling house came out upon the gallery and shot at him while there, cannot require the court to charge the jury that, “If he shot at the prosecuting witness with Intent to kill him, but without any intent to shoot at the dwelling house, he could not be guilty of the charge.” “This charge does not negative the fact that the accused, ‘while shooting at the prosecuting witness,’ ‘was not aware that he was ‘at the time shooting at the house.’ ”</p> <p>The purpose of the shooting is, under the statute, an immaterial fact.</p>