State v. Williams

Citations

• 120 La. 175
• 45 So. 94
• 1907 La. LEXIS 628

Syllabus

<p>1. Criminal Law — Evidence — Tracks on GROUND.</p> <p>Defendant was charged with murder. On the trial a witness testified that he had identified certain footprints near the scene of the homicide as those of the defendant by having the accused place his foot over the tracks upon the ground. Defendant moved the court to strike this testimony out, for the reason that that fact was not a reliable test. The court refused the motion, as the weight and effect to be given to the testimony was solely a question for the jury. Sold, no error. The ruling is supported by State v. Graham, 116 La. 779, 41 South. 90.</p> <p>[Ed. Note. — For cases in point, see Gent. Dig. vol. 14, Criminal Law, § 874.]</p> <p>2. Same — Acts of Defendant — Oonpessions.</p> <p>The sheriff of the parish of Calcasieu testified for the state that the defendant, while standing on the occasion of the funeral of the deceased by her coffin, denied recognizing the corpse of the deceased, and denied knowing a woman who then spoke to him, though he and deceased had boarded at her house. Defendant objected, on the ground that the statements were made by defendant under duress while in fear in the hands of the sheriff; that they were not free and voluntary; that they were not part of the res gestae, and not' in any manner closely connected with the case.</p> <p>The court overruled the objections, stating that the statements were free and voluntary, not induced by fear, threats, hostile demonstrations, promise, or hope of reward; that defendant said nothing which incriminated him, but denied knowing or recognizing the deceased or the woman who. spoke to him at the funeral; that the free and voluntary declarations of the accused and his entire conduct before and after the homicide were admissible in evidence; that, besides this, the accused had made the same statements as a witness on his own behalf on the trial. Seld, there was no error in the ruling under the per curiam attached to the bill. The statements mad