State v. Short

Citations

• 121 La. 1023
• 46 So. 1003
• 1908 La. LEXIS 787

Syllabus

<p>1. Homicide — Evidence — Provoking Difficulty.</p> <p>Where the accused, after having had a difficulty with the deceased, has armed himself with a deadly weapon and sought out the deceased under circumstances that make it highly probable, or practically certain, that their mere meeting will be a signal for the renewal of hostilities, and, after having- come into his presence, does nothing to indicate an intention of avoiding-further trouble, and the combat is immediately renewed, and in the course of it he kills the deceased, the charge of the court properly leaves it to the jury to decide whether the mere act of defendant in coming up with the deceased, and his attitude in doing so, was not in itself reasonably calculated, under all the circumstances of the case, to provoke the fatal difficulty.</p> <p>2. Same — Instructions.</p> <p>Under the circumstances above stated, a special charge that the accused cannot be held to have provoked the difficulty, unless he did something or spoke some word, after having come into the presence of the deceased, such as was reasonably calculated to bring on a difficulty, might have been misleading-. It assumes that the mere act of the defendant in seeking out the deceased and coming up with him can, under no circumstances, be calculated to provoke a difficulty.</p> <p>(Syllabus by the Court.)</p>