State v. Lindsay

Citations

• 122 La. 375
• 47 So. 687
• 1908 La. LEXIS 465

Syllabus

<p>Homicide (§ 160*) — Aggressor — Evidence — Admissibility.</p> <p>Accused and decedent had had a difficulty, and the former, armed with a pistol, ordered the latter out of the house. Accused remained in the house, though decedent challenged him to come out and settle the matter. About half an hour later accused, armed with a pistol, walked out on the gallery, where decedent was. A scuffle between the parties ensued, and decedent was shot. Held, that statements made by decedent after accused had ordered him out of the house, and prior to the fatal difficulty, to the effect that he was going to wait until accused came out, were admissible to show who was the aggressor in the fatal conflict.</p> <p>[Ed. Note. — For other cases, see Homicide, Cent. Dig. § 349; Dec. Dig. §' 169.*]-</p> <p>Breaux, O. J., dissenting.</p>