State v. Thomas

Citations

• 111 La. 804
• 35 So. 914
• 1904 La. LEXIS 564

Syllabus

<p>CRIMINAL LAW — PRESENCE OF ACCUSED -, MURDER—EVIDENCE—THREATS.</p> <p>1. The accused need not he present when the minutes of the court are corrected so as to make them conform to the truth.</p> <p>2. In order that threats should be part of the res gesta?, something more must be shown than that they were made “recently.” i</p> <p>3. For the introduction of evidence as to threats, the laying of a foundation by proof of an overt act is as necessary when the threats are sought to be proved by way of mitigation, as when they are sought to be proved by way of justification.</p> <p>4. Remarks of the prosecuting attorney merely by way of comment on the heinousness of the crime for which the accused is being prosecuted are not objectionable.</p> <p>(Syllabus by the Court.)</p>