State v. Thompson

Citations

• 106 La. 362

Syllabus

<p>Syllabus.</p> <p>This being an appeal, from a conviction of murder and sentence of death, in which it appears that the prosecuting officer, In his closing argument, referring to the widow of the deceased, who had been examined as a witness for the State, said: “I will say nothing to you of her six fatherless little childrenthat counsel for the accused objected and excepted, on the ground, sustained by the fact, that no evidence had been offered concerning such children; that the prosecuting officer, without disclaimer, proceeded with his argument, upon other grounds; that no action was taken by the trial judge, and that the jury was not instructed, either at the moment, or in the charge subsequently given, to disregard the unauthorized reference-complained of. And the matter being brought to the attention of this court by means of the bill of exceptions taken to the statement so made and of a bill taken to the refusal of the court a Qua to grant a new trial, the verdict and sentence are set aside, notwithstanding that the counsel for the accused made no demand that the jury be particularly instructed In the matter.</p>