State v. Tasby

Citations

• 110 La. 121
• 34 So. 300
• 1903 La. LEXIS 601

Syllabus

<p>HOMICIDE — EVIDENCE OP THREATS — APPEAL-RECORD — STATEMENT OP JUDGE.</p> <p>1. The defendant was charged with having committed a capital crime, tried, and was found guilty as charged.</p> <p>The defendant offered to prove “threats” by the deceased, and their communication to the defendant, and dangerous character of the deceased.</p> <p>The district judge recites as part of the bill of exceptions that there was no overt act proven, uor any effort of any kind shown to carry any threat into execution; that the deceased was standing at the time of the killing, and was not looking at defendant.</p> <p>It is settled by repeated decisions that proof of threats is not admissible, unless proper foundation is laid. No attempt was made to prove that the recital of the district judge incorporated in the bill of exceptions was erroneous.</p> <p>2. It is equally as well settled that the statement of the district judge will be accepted as correct when it is not questioned, and no attempt is made to prove its incorrectness.</p> <p>(Syllabus by the Court.)</p>