State v. Napoleon

Citations

• 104 La. 164

Syllabus

<p>Syllabus.</p> <p>It is well settled that in a murder trial the dangerous character of the man who was killed cannot be given in evidence until the proper foundation is laid.</p> <p>That is to say, it must be shown to the point of reasonable sufficiency by competent testimony that the deceased made some hostile demonstration towards the accused, to do him some great bodily harm.</p> <p>3. In a criminal trial a formal bill of exceptions is necessary. An entry upon the record “bill of exceptions reserved” does not suffice.</p> <p>The practice, sanctioned by many rulings, is that in the absence of a bill of exceptions this court will not review the action if the trial court on a motion for a new trial. A bill to the ruling denying the motion must be taken, and if evidence was adduced in support of the motion the same must come up annexed to the bill, or made part of it. Otherwise, even though in the record, it will not be noticed,</p> <p>5. Where the verdict of the jury was unanimous in convicting defendant of manslaughter, he is without interest to urge that the failure to charge that nine of the jury could convict or acquit of manslaughter was reversible error.</p>