State v. Lively

Defendant, having been convicted of murder and sentenced to imprisonment, at hard labor, for life, has appealed.

1. A bill of exception was reserved to the ruling of the trial judge, excluding testimony as to previous threats by the accused, on the ground that it had not been shown that any overt act had been committed by him at the time of the killing. The proof of the overt act, relied on by the defendant, was his own testimony, to the effect that he had been assaulted by the “deceased and struck on the leg by a rock, and that deceased was rushing on him with another rock when he was shot by…