State v. Lively

Citations

• 119 La. 363
• 44 So. 128
• 1907 La. LEXIS 485

Syllabus

<p>1. Homicide — Review—Evidence.</p> <p>This court cannot, in the absence of the evidence upon the subject, review the ruling of the trial judge, in a murder case, to the effect that no overt act, on the part of the deceased, has been proved.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 26, Homicide, § 695.]</p> <p>2. Criminal Law — Evidence—Statement oe Person Injured — Explanation—Admissibility.</p> <p>Where, after being mortally wounded, the injured person makes an exclamation to another person, which is, plainly, part of the res gestae, testimony should be admitted, when required, to show the meaning and significance of such exclamation; as, for instance, K., having been shot by L., fell, a minute or two later, mortally wounded, into the door of P., exclaiming: “I am shot through and through, and if I had listened to you this would not have happened.” Held, that defendant (on trial for the shooting) should have been allowed to elicit from P. (the witness on the stand) testimony as to what had passed between him and the deceased constituting the basis of the exclamation.; and this, without regard to time.</p> <p>[Ed. Note. — For, cases in point, see Cent. Dig. vol. 14, Criminal Law, § 862.]</p> <p>(Syllabus by the Court.)</p>