State v. Matthews

Citations

• 111 La. 962
• 36 So. 48
• 1903 La. LEXIS 579

Syllabus

<p>INDICTMENT—BLANK FOR NAME—ASSAULT BY SHOOTING—CONVICTION OF ASSAULT—INSTRUCTIONS—APPEAL—REVIEW.</p> <p>1. A blank in the indictment for the given name of the defendant may he filled after trial has begun, especially when the accused has been arraigned by his full name, and the full name appears on the back of the indictment.</p> <p>2. On a trial for assault by willfully shooting at, it is reversible error to refuse to charge that the jury may find a verdict for mere assault.</p> <p>3. A verdict for the less crime may be found under an indictment for the greater, of the same generic class, notwithstanding the two crimes are statutory.</p> <p>Nicholls, O. J., dissenting.</p> <p>On Rehearing.</p> <p>4. It is well settled (1) that an instruction should not be given to a jury upon a theory to which the evidence affords no support; and (2) that, in order to bring up for review the ruling of a trial judge refusing a special charge, the bill of exceptions should show the facts or testimony to which the charge is supposed to be applicable, since it is only when informed in regard thereto that the appellate court is in a position to determine as to the correctness vel non of such a ruling.</p> <p>(Syllabus by the Court.)</p>