State v. Black

I respectfully dissent from treatment of Bills of Exceptions Nos. 9-19 by the majority. These exceptions were reserved when the defense counsel attempted to introduce evidence to support defendant’s explanation of why he fled the scene at the time of his arrest. The prosecutor was arguing that the evidence of flight was proof of the guilty knowledge of the defendant. In Louisiana a presumption of guilty knowledge arises upon proof of flight. State v. Nash, 169 La. 947, 126 So. 434 (1930). See: McCormack on Evidence, 2d ed., § 271 (1972).

There is no question that the defendant did in fact flee…