State v. Graham

Citations

• 116 La. 779
• 41 So. 90
• 1906 La. LEXIS 577

Syllabus

<p>1. Criminal Law—Opinion Evidence.</p> <p>An old man, familiar with firearms from his boyhood, is a competent witness to express the opinion or conclusion that, judging from the report heard by him, the weapon used was a pistol.</p> <p>2. Same—Weight oe Evidence.</p> <p>The statement of Wills on Circumstantial Evidence, p. 126, that “it must be shown that the shoes were compared with the footmarks before they were put on them,” is a rule of sufficiency, rather than of admissibility, of evidence, and cannot be followed in this state, where the jury is made by law the sole judge of the weight and sufficiency of the testimony.</p> <p>3. Same—Poot Prints—Evidence oe Experiments.</p> <p>Testimony is admissible to show that the sheriff carried the prisoner to the place of the shooting and placed his. feet in certain footprints there found, and that the fit was perfect; it being shown that the prisoner made no objections to the experiment and that no force was used by the officer.</p> <p>[Ed. Note.—Por cases in point, see vol. 14 Cent. Dig. Criminal Law, § 874.]</p> <p>(Syllabus by the Court.)</p>