State v. Parks

Citations

• 115 La. 766
• 40 So. 39
• 1905 La. LEXIS 733

Syllabus

<p>1. Homicide — Instructions— Manslaughter.</p> <p>In a trial for murder, the court instructed the jury that: “The Supreme Court of the state requires the charge that in all cases of .an indictment for murder the court shall charge that the' jury can bring in a verdict for manslaughter.” Previously, in the general charge, the court had instructed the jury as to manslaughter. There was no expression uttered by the trial judge to modify the instruction. Attention was called by the court to the requirements of well-settled jurisprudence, binding alike upon court and jury (both upon courts of original jurisdiction and of appellate jurisdiction), and in thus calling attention there was substantial compliance with the law’s requirement.</p> <p>2. Same.</p> <p>It is not improper to say to the jury in general terms in a special instruction that', in order to find a verdict for a crime of lesser limit (manslaughter) than that charged (murder) , they should find that “evidence in the case justifies the verdict.”</p> <p>(Syllabus by the Court.)</p>