State v. Elmore

ODOM, Justice.

The defendant was indicted for murder and convicted of manslaughter. On appeal the conviction was set aside and the case remanded for retrial (177 La. 877, 149 So. 507). At the second trial he was prosecuted for manslaughter, convicted and sentenced. From the second conviction and sentence he appealed.

There are only two questions presented for our consideration. The first is whether article 354 of the Code of Criminal Procedure is constitutional, and the second is whether testimony tending to show that defendant was guilty of murder was admissible at the second trial when he was…