State v. Brooks
Supreme Court of Louisiana
APPEAL from the Twenty-fourth District Court, Parish of Plaque-mines. Livaudais, J. An overt attempt or act of violence by the deceased against the accused shortly before or at the time of the homicide, must be proved before evidence of prior quarrels, threats or of the dangerous character of the accused can be introduced. 35 Ann. 74; 36 Ann. 148; 36 Ann. 862; 37 Ann. 389; 37 Ann. 489; 37 Ann. 644; 37 Ann. 782; 37 Ann, 897; 37 Ann. 443; 38 Ann. 22, aud other authorities.
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APPEAL from the Twenty-fourth District Court, Parish of Plaque-mines. Livaudais, J. An overt attempt or act of violence by the deceased against the accused shortly before or at the time of the homicide, must be proved before evidence of prior quarrels, threats or of the dangerous character of the accused can be introduced. 35 Ann. 74; 36 Ann. 148; 36 Ann. 862; 37 Ann. 389; 37 Ann. 489; 37 Ann. 644; 37 Ann. 782; 37 Ann, 897; 37 Ann. 443; 38 Ann. 22, aud other authorities. The judge need only charge on questions of law which he deems applicable to the cause. R. S. sec. 891; 35 Ann 970 ; 37 Ann.…
1Opinion of the Court
*819The opinion of the Court was delivered by
Watkins, J.
The accused was indicted for the murder of John Baptiste Allen, tried and convicted, and on appeal to this Court in New Orleans, the verdict and judgment were set aside and he was granted a new trial.
When the cause was, thereafter, called for trial in the, court below, the district attorney announced that he should proceed against the accused, on said indictment, for manslaughter only; and, the trial being proceeded with, he was convicted of that crime and sentenced to fifteen years at hard labor in the penitentiary, and from that judgment…
2Cited by3 opinions
- State v. GoldenSupreme Court of Louisiana · 1905
- State v. SmithSupreme Court of Louisiana · 1923
- State ex rel. Wilkinson v. HingleSupreme Court of Louisiana · 1909