State v. Gianfala

Citations

• 113 La. 463
• 37 So. 30
• 1904 La. LEXIS 664

Syllabus

<p>HOMICIDE — EVIDENCE—CONFESSIONS — DTJEESS —EES GESTAE — INSTRUCTIONS—IMPEACHING VEEDIOT.</p> <p>1. The confessions of defendant, admitted in evidence, were not extorted by threats of violence or the infliction of punishment.</p> <p>2. The witnesses who testified as to these confessions stated substantially all that the prisoner said bearing upon the difficulty.</p> <p>3. Statements of defendant after the difficulty were not part of the res gestm, but it was the confession of the fact germane to the difficulty.</p> <p>4. The imprecations of the infuriated wife and her attempt at inflicting physical pain were not the placing of defendant in fear, to the exclusion of his answer to her as a confession made at the beginning of her unjustifiable assault.</p> <p>5. The deceased always declared after he had been shot that he believed himself to be beyond the probability of recovery. There does not appear to have been any hope on his part of living.</p> <p>6.1-Ie (deceased) followed the advice of his' physician without manifestation on his part that he expected to recover from his injuries.</p> <p>“Very often a desire to be freed from the intense pain will prompt the sending for medical aid, although all hope of life has been abandoned.” State v. Evans, 28 S. W. 8, 124 Mo. 397; McQueen v. State, 15 South. 824, 103 Ala. 12; Walton v. State, 5 S. E. 203, 79 Ga. 446.</p> <p>7. The defendant, having been found guilty of manslaughter, has no ground to complain of the trial judge’s charge relating to a deadly weapon, and uses of such a weapon in a difficulty. If the charge be error, it was not prejudicial error, in view of the verdict returned.</p> <p>8. A juror is not permitted to testify that another member of the jury evinced malice and hatred against the accused.</p> <p>On Rehearing.</p> <p>9. In order that statements should be res gestae, the speaker must have been prompted to speak solely from the excitement of the event of which it is claimed the statement formed a part,