State v. Perry

Citations

• 124 La. 931
• 50 So. 799
• 1909 La. LEXIS 567

Syllabus

<p>1. Burglary (§§ ■ 31, 45*) — Breaking and Entering with Intent to Kill — Evidence.</p> <p>Defendant was indicted for and convicted of having willfully, unlawfully, and feloniously broken into and entered in a dwelling in the nighttime armed with a dangerous weapon and having then and there willfully, unlawfully, and feloniously assaulted one of the occupants thereof with the intent to kill her.</p> <p>On the trial the prosecuting witness testified to all the facts 'and circumstances which took place at the time of the entry. This she wms entitled to do. Defendant’s counsel moved the court to strike out the testimony and direct the jury to disregard it. This the court correctly refused to do. The testimony having been taken, the court had no right to strike it out and direct the jury to disregard it. It was for the jury to determine what the intent of the defendant was under a legal charge from the court.</p> <p>2. Criminal Law (§ 3G4*) — Criminal Law-Evidence.</p> <p>The prosecuting witness, over defendant’s objection, wms permitted to testify to the calling of the defendant at her house just prior to the entry charged against him. There wms no error in this. The .two occurrences were substantially part of the res gestae. The first calling served to give character to the second. It was for the jury to determine wffiat effect should be given to the evidence.</p> <p>3. Burglary (§ 35*) — Evidence—Identity.</p> <p>The prosecuting w'itness and another witness were permitted, over defendant’s objection, to testify to a conversation between them shortly before the entry charged to have been made in the house of the witness and to show that defendant wms present at that conversation, which conversation was assigned by the party w'ho assailed her as his reason for making his first call at the house. There was no error in this. The testimony tended to connect the defendant with and identify him as the partv who mad'' the entry. It was for the jury to determine how far the