State v. Spillers

Citations

• 105 La. 163

Syllabus

<p>Syllabus.</p> <p>1. An entire sentence spoken by an accused, a short time prior to the homicide, and overheard by a witness, if admitted in evidence, is not reversible error if it docs not appear wherein it had any bearing on the crime charged, it was not an admission of guilt; on the contrary, it was a denial of a wron? charged, which had, so far as the record discloses, naught to do with the homicide.</p> <p>2. If it was used as derivative evidence, then it was admissible as part of the res gestae.</p> <p>3. Applause by a number of those present at the trial, at once checked by the presiding judge, who particularly directed the jury not to give it attention and to decide the case according to thoir judgment, offers no ground to set aside the verdict.</p>