State v. Wilson

Citations

• 124 La. 82
• 49 So. 986
• 1909 La. LEXIS 425

Syllabus

<p>•1. Criminal Law (§ 720*) — Trial — Argument of Counsel.</p> <p>Where the district attorney admits that a: certain witness for the defense, if present, would testify to a certain state of facts, he cannot deny in his argument the existence of the-witness, or try to raise a doubt in that regard, and, where he stated in his argument that he did not believe that there was such a man as the witness named, defendant was entitled to an instruction that the jury had no right to believe that the witness was a myth and did not exist.</p> <p>2. Criminal Law (§ 826*) — Waiver of Objections.</p> <p>Defendant did, not waive his right to have the jury properly instructed in the matter by failing to ask for an instruction when the objectionable remarks were made, but could wait until the judge came to give his charge. •</p> <p>3. Criminal Law (§ 774*) — Assault with Intent to Kill — Defenses—Drunkenness —Instructions.</p> <p>On a trial for shooting with intent to kill and murder, an instruction that drunkenness, unless defendant became drunk for the purpose of committing the offense he is accused of, is a-palliation or excuse for the commission of it when defendant is so drunk at the time of the commission as to be unable to know what he is doing, was properly refused as not being explicit enough, in that it did not explain when it is that intoxication is a defense to crime.</p>