State v. Nash

Citations

• 115 La. 720
• 39 So. 854
• 1905 La. LEXIS 725

Syllabus

<p>1. Criminal Law — Evidence—Plight of Accused.</p> <p>In murder cases, evidence of flight is admissible on the part of the state, as a circumstance tending to create a presumption of guilt, whether the homicide was committed publicly in the presence of witnesses or secretly. The objection to such evidence goes to the effect, which must be decided by the jury. State v. Harris, 20 South. 729, 48 La. Ann. 1189; State v. Middleton, 28 South. 914, 104 La. 233; State v. Austin, 29 South. 23, 104 La. 410. 2. Same — Objections to Evidence.</p> <p>Where defendant in a murder case voluntarily testified to his flight from the scene of the homicide to a distant portion of the state, and to his there living for 15 years under an assumed name, he is in no position to complain that a witness for the state testified to his flight immediately after the killing.</p> <p>(Syllabus by the Court.)</p>