State v. Evans
Supreme Court of Louisiana
A PPEAL from the Tenth District Court, Parish of Red River. iA Hall, J. 1. In prosecution for shooting with intent to murder, where the evidence shows that it would have been murder, had death ensued, that, in itself, will be sufficient ground for the jury to infer the existence of the intention of murder. 'Waterman’s D., p. 52, No. 210; Bishop Grim.
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A PPEAL from the Tenth District Court, Parish of Red River. iA Hall, J. 1. In prosecution for shooting with intent to murder, where the evidence shows that it would have been murder, had death ensued, that, in itself, will be sufficient ground for the jury to infer the existence of the intention of murder. 'Waterman’s D., p. 52, No. 210; Bishop Grim. L., vol. 1, § 736. 2. A conviction under sec. 791 of the Revised Statutes is responsive to a charge under sec. 790. State vs. Gilkie, 35 Ann. 53; 39 Ann. 203. 3. A conviction of a less offence than that charged in the indictment, both being of…
1Opinion of the Court
The opinion of the Court was delivered by
Todd, J.
The defendant was indicted under section 790, R. S-, for shooting with intent to murder while lying in wait.
The State subsequently abandoned that part of the indictment charging the accused with lying in wait, and the trial was had upon the charge of shooting with intent to murder.
The defendant was tried and convicted, and appeals from a sentence of five years’ imprisonment at hard labor.
We find in’the record two bills of exceptions..1. The first is to a charge of the trial judge to the jury, as follows : “ Where the evidence shows that it…
2Cited by5 opinions
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