State v. Williams

Citations

• 116 La. 61
• 40 So. 531
• 1906 La. LEXIS 467

Syllabus

<p>1. Criminal Law—Appeal—Instructions.</p> <p>Where it does not appear, either from the recitals of the bill of exception or from the statement of facts contemplated by Act No. 113, p. 162, of 1896, that any testimony had been offered tending to prove that the life of the accused had been threatened or that he had been attacked by the deceased, and when the bill, unsupported by such statement of facts, recites, in general terms and without specification as to the witnesses or the facts testified to. that the accused was at his place of habitation at the time of the homicide, no reason is disclosed why the judge should have instructed the jury as to the law of self-defense, and his statement, attached to the bill, that the law applicable to the case had been explained in the general charge, is conclusive in this court.</p> <p>2. Same—Statement of Facts.</p> <p>The statement of facts required by Act No. 113, p. 162, of 1896, should, by its terms, identify itself with the objection and the bill of exceptions for which it is intended to serve as a basis, and in case of appeal should be attached by the clerk to such bill, but the failure of the clerk in the respects mentioned should not be allowed to prejudice the defendant and appellant, where, from a comparison of the statement with the bill, as both appear in the transcript, the connection between them is apparent and unmistakable.</p> <p>3. Same —Bill of Exceptions — Statement Peb Curiam.</p> <p>Where the statement per curiam, in a bill of exceptions, appears to be at variance with that made as the basis of such bill at the time of its reservation by the clerk, with the authority and approval of the court, and pursuant to Act No. 113, p. 162 of 1896, the latter statement, under the mandatory provisions of the statute in question, must be accepted by this court “as a correct statement” (of the facts and rulings) “upon which the exception is based.”</p> <p>4.Same—Argument of District Attorney.</p> <p>Where, in his arg