State v. Nix

Citations

• 111 La. 812
• 35 So. 917
• 1904 La. LEXIS 567

Syllabus

<p>CRIMINAL LAW — WITNESSES — SUMMONING — MURDER—EVIDENCE—THREATS —INSTRUCTIONS.</p> <p>' 1. In criminal cases, the summons of a witness from another parish is not a matter of right. The applicant must state on oath what it “is expected to prove by the witness, and the judge has the discretion to determino whether the attendance of the witness is indispensable to the trial. Rev. St. 1870, § 1036. Hence the mere placing- on the clerk’s order book of directions to issue summonses is not due diligence in obtaining the attendance of witnesses.</p> <p>2. It is too well settled for discussion, that the state may prove prior threats, quarrels, and difficulties between the accused and the deceased, for the purpose of showing malice.</p> <p>3. A requested charge “that race, color, or previous conditions must not enter into the deliberations of the jury; that all persons, of whatever race dr color, are equal under the law”—was properly refused, as irrelevant to the issues: the court having charged the jury that all witnesses, including the accused, were entitled to equal credence, unless contradicted or impeached, and there being no complaint that the charge was erroneous in any particular. It is to be presumed that the jurors were impartial, arid without bias or prejudice against the defendant. The question of race, color, or previous condition was irrelevant. State v. Gasey, 44 La. Ann. 969, 11 South. 583.</p> <p>(Syllabus by the Court.)</p>