State v. Frazier
Supreme Court of Louisiana
Appeal from criminal district court, parish of Orleans; Joshua G. Baker, Judge. Harriet Frazier was convicted of manslaughter, and appeals.
1Opinion of the CourtProvostx, J.
The defendant was convicted of manslaughter, and sentenced to twenty years in the penitentiary.
The first complaint is to the admission of the dying declaration of the child (a child 10 years old) with whose killing the defendant is charged. It is urged that the testimony did not show that the child was under a sense of impending death. We think, with the learned judge a quo, that the testimony did show that fact.
The next ground of complaint is that proper ground was not laid by proof of the competency of the child; the contention being that a child of 10 is presumed to be incompetent, and…
2Cited by1 opinion
- State v. ComeauxSupreme Court of Louisiana · 1918