State v. Gordon

Citations

• 115 La. 572
• 39 So. 625
• 1905 La. LEXIS 702

Syllabus

<p>1. Robbery — Evidence.</p> <p>Where the accused was charged with robbery, the felonious assault having been made with a revolver, it was competent for the prosecution to prove that 18 days later similar weapons were found in the room of the accused; and when one of the witnesses testified to such fact, but could not identify two revolvers produced by the district attorney, the reception of the same in evidence, under special instructions that they should not be considered by the jury unless subsequently connected with the accused, is not reversible error.</p> <p>2. Criminal Law — Trial — Remarks oe Prosecuting Attorney.</p> <p>Where the district attorney, in the course of his argument before the jury, made inadvertently a statement to the effect that a watch similar to the one taken at the time of the robbery was found among the personal effects of the prisoner, and the objection was made that the statement was dehors the evidence, and the judge thereupon instructed the jury not to consider such statement in reaching their verdict, held, that the action of court cured the irregularity.</p> <p>3. Same — Instructions.</p> <p>Where, in a prosecution for robbery, the state relying on the direct and positive testimony of the victim to identify the defendant as the assailant and on particular circumstances to corroborate such testimony, and defendant relying on evidence of an alibi, held, that the judge was not called upon to give a special charge on circumstantial evidence, as in case where a conviction is sought on that ground alone.</p> <p>4. Same.</p> <p>Where a rule of court requires requests for special charges to be in writing and to be handed in before argument, such requests come too late after the jury has been charged.</p> <p>(Syllabus by the Court.)</p>