State v. Robinson

Citations

• 112 La. 939
• 36 So. 811
• 1904 La. LEXIS 493

Syllabus

<p>HOMICIDE — EVIDENCE — TRIAL—ARGUMENTS COUNSEL. OF</p> <p>1. The accused shot the deceased, ran about 12 feet, and turned and shot the witness; the two shootings following each other so closely that the witness could not say how many steps he could have walked in the interval. Held, the second shooting was part of the res gestae, and proof of it was probably also admissible to show intent.</p> <p>2. When the district attorney has commented before the jury on the failure of the accused to testify in his own behalf, the verdict will be set aside, even though the judge instructed the jury to dismiss the comment from their minds, and not to permit themselves to be influenced by it, or by the failure of the accused to testify.</p> <p>(Syllabus by the Court.)</p>