State v. Peace

Citations

• 121 La. 1071
• 47 So. 28
• 1908 La. LEXIS 795

Syllabus

<p>1. Homicide — Evidence—Threats.</p> <p>Defendant, indicted for murder, was convicted and sentenced for manslaughter. He has appealed, claiming that the deceased was the aggressor in.the difficulty which resulted in the homicide, and that testimony of threats made fay him against the accused, though not communicated' to the accused, should have been admitted to prove that fact.</p> <p>The record as it reaches the Supreme Court discloses that the homicide did not occur under circumstances such as to make the question as to who was the aggressor in a difficulty between the parties at the time an issue in the case. The testimony was properly excluded.</p> <p>[Ed. Note. — Eor cases in point, see Cent. Dig vol. 26, Homicide, § 338.]</p> <p>2. Same — Dying Declarations.</p> <p>The dying declarations of the deceased were properly admitted as a whole. No effort was made by the accused, after it was admitted, to strike out any particular portion of the same; nor was the court asked to give any instructions to the jury in respect thereto. The deceased made a statement as to all the facts at the time of the homicide, and the jury was in a position to decide itself whether trie accused had or had not shot him “for nothing.”</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 26, Homicide, §§ 463, 464.]</p> <p>Provosty, J., dissenting.</p> <p>(Syllabus by the Court.)</p>