State v. Powell

Citations

• 109 La. 727
• 33 So. 748
• 1903 La. LEXIS 434

Syllabus

<p>CRIMINAL LAW — DISCRETION OF TRIAL COURT —MURDER—JUSTIFICATION—DELAY — INSTRUCTIONS.</p> <p>1. It is again reiterated that in matters pertaining to delays in criminal causes, such as applications for change of venue, continuances, etc., much reliance is placed upon the discretion of the trial judge, and unless the abuse of such discretion be clearly shown, the decision Will not be interfered with.</p> <p>■2. Here there was no charge of illicit relations actually subsisting between the wife of the accused and the man killed, which had been brought to the knowledge of the husband and on which he, in passion and before cooling time, acted. What was sought to be shown was an alleged indecent proposal to the wife, which, it was claimed, had come to the knowledge of the husband the evening before the homicide. Eeld — even if the charge of indecent proposal were true, to have waited a space of 15 or 18 hours and then sought the man supposed to be guilty and, without a chance to exculpate himself, slay him, is, in the eyes of the law, murder, and testimony tendered to show the alleged indecedent proposal was, under the circumstances, inadmissible.</p> <p>3. The trial judge properly refused to charge the jury that, being the sole judges of the law and the facts, they had the right to ignore the law given to them by the court, should they deem it proper to do so.</p> <p>4. Nor can a court be required to instruct the jury in matters of law upon a point which does not arise in the case.</p> <p>(Syllabus by the Court.)</p>