State v. Robinson

Citations

• 52 La. Ann. 541

Syllabus

<p>Syllabus.</p> <p>1. when a person is shot, and at once exclaims “Jim Robinson, yon shot me to death,” and, without delay, runs a distance of little more than half a block, yelling “Jim Robinson shot me,” and is there met by another person, who, at the sound of the shooting, had walked rapidly from a point, say a block distant, in the direction of tile shooting, so that the wounded man and the other met within thirty seconds after the shooting', and the wounded man, having fallen, said “1 am shot to death,” and being asked who shot him, replied “Jim Robinson shot me,' the statements thus made are part of the res gestae, and, as such, admissible in evidence on the trial of the person charged with the shooting.</p> <p>2. Where the accused, being on the stand, as a witness in his own behalf, is asked, on cross-examination, “Were you convicted for hanging on this murder, once, and the question is objected to, and the objection is sustained, and the jury is charged to disregard extraneous evidence, and confine themselves to the impartial consideration of the evidence adduced on the trial; and it appears that the fact of the former trial and conviction,referred to in the question, had come to the knowledge of the jury by means •of evidence provoked by cross-examination of State witnesses, and by the jury's being placed in possession of the indictment, with indorsements showing said former, trial, conviction, and sentence, the verdict and judgment appealed from will not be disturbed on the ground of injury resulting from the question thus ruled out.</p> <p>8. Where the accused, charged with murder, has voluntarily placed himself on the stand as a witness in his own behalf, and is asked the question, on cross-examination;' “You went up for cutting a man?” the overruling of the objection that the record is the best evidence is not reversible error.'</p> <p>4. It is not reversible error to permit the accused, charged with murder, who is on the stand as a witness in his own