State v. Carter
| Decision Date | 03 March 1941 |
| Docket Number | 36049. |
| Citation | 1 So.2d 62,197 La. 155 |
| Court | Louisiana Supreme Court |
| Parties | STATE v. CARTER. |
Eugene Stanley, Atty. Gen., Niels F. Hertz, Sp Asst. Atty. Gen., J. Vernon Sims, Dist. Atty., of Oak Grove and Harry N. Anders, Asst. Dist. Atty., of Winnsboro, for the State.
Warren Hunt, of Rayville, for defendant-appellant.
The defendant, indicted for the murder of John Lee Gibson in the Parish of Richland, was tried by jury, found guilty of manslaughter, and, after the overruling of a motion for new trial and a motion in arrest of judgment, was sentenced to serve at hard labor in the State Penitentiary at Baton Rouge Louisiana, for a period of not less than five and not more than fifteen years.
On appeal from the conviction and sentence against him, defendant presents for consideration by this court six bills of exceptions. Bills Nos. 1, 2, 3 and 4 were reserved to the ruling of the judge a quo in refusing to admit in evidence certain prior threats made by deceased against defendant.
The reason for the exclusion of such testimony is stated by the trial judge in full as follows: See per curiams to Bill of Exceptions No. 3, Tr. p. 20; and Bill of Exceptions No. 4, Tr. p. 21; and Bill of Exceptions No. 1, Tr. p. 18.
It is provided in Article 482 of the Code of Criminal Procedure of this State that: 'In absence of proof of hostile demonstration or of overt act on the part of the person slain or injured, evidence of his dangerous character or of his threats against accused is not admissible.' (Italics ours).
We find no error in the ruling of the trial judge in excluding evidence of threats against the accused, in the absence of proof of hostile demonstration or of overt act on the part of deceased, at the time of the killing. Such is the settled jurisprudence of this court. State v. Dreher, 166 La. 924, 118 So. 85; State v. Williams, 155 La. 9, 98 So. 738; State v. Joiner, 163 La. 609, 112 So. 503; State v. Wilson, 168 La. 903, 123 So. 614; State v. Sharpe, 170 La. 69, 127 So. 368; State v. Smith, 171 La. 452, 131 So. 296; State v. Richardson, 175 La. 823, 144 So. 587; State v. Jones, 175 La. 1066, 145 So. 9.
Proof of overt act or hostile demonstration, upon the part of the deceased at the time of the killing, must be made to the satisfaction of the trial judge before defendant may introduce evidence of prior threats by deceased, subject to appellate review. State v. Maines, 183 La. 499, 164 So. 321; State v. Handy, 183 La. 653, 164 So. 616; State v. Boudreaux, 185 La. 434, 169 So. 459; State v. Thornhill, 188 La. 762, 178 So. 343; State v. Bridges, 175 La. 872, 144 So. 602; State v. Scarbrock, 176 La. 48, 145 So. 264; State v. Washington, 184 La. 544, 166 So. 669.
Bill of Exceptions No. 5 was reserved to the overruling of the motion for a new trial. The basis of the motion is the allegation that the verdict is contrary to the law and the evidence, and presents nothing which this court may review under its appellate jurisdiction, which is restricted to questions of law alone.
Bill of Exceptions No. 6 was reserved by defendant to the overruling by the trial judge of the following motion in arrest of judgment: 'And now, after verdict against the said Virgil E. Carter, and before sentence, comes the said Virgil E. Carter through his Attorney, Warren Hunt, and moves the Court here to arrest judgment herein, and not pronounce the same because of the manifest errors in the record appearing, to wit:
'That the overruling of the motion for a new trial herein is erroneous and the...
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Griffin v. United States
... ... certiorari to review the ruling since the determination would have been a matter of local law as are the rules of evidence prevailing in the State Courts ... We are told, however, that a ruling which did not permit the introduction of 'uncommunicated threats' would ... At least one State has some such rule. State v. Carter, 197 ... Page 712 ... La. 155, 158, 1 So.2d 62. This is not to reject as unreasonable a rule, followed by some courts, that would let the ... ...
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State v. Anderson
... ... deceased at ... [20 So.2d 292] ... the time of the killing, must be made to the satisfaction of ... the trial judge before defendant may introduce evidence of ... prior threats by deceased, subject to appellate review." ... State v. Carter, 197 La. 155, 1 So.2d 62, 63, and cases ... therein cited. Also see: State v. Richard, 203 La. 722, 14 ... So.2d 615 ... Bill of ... exception No. 4 was taken to the refusal of the trial court ... to instruct the jury that it was not a law enforcing body ... [206 La. 998] ... ...
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State v. Knight, 42217
... ... 'Proof of overt act or hostile demonstration, upon the part of the deceased [227 La. 751] at the time of the killing, must be made to the satisfaction of the trial judge before defendant may introduce evidence of prior threats by deceased, subject to appellate review. * * *' State v. Carter, 197 La. 155, 1 so.2d 62, 63. See, State v. Richard, 203 La. 772, 14 So.2d 615 ... '* * * proof of such hostile demonstration or overt act must be to the satisfaction of the trial judge, subject to review by this court. State v. [172 La. 121, 133 So. 383]; State v. Scarbrock [176 La. 48, 145 ... ...
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State v. Richard
... ... of threats against the accused, in the absence of proof of ... hostile demonstration or ... [14 So.2d 618.] ... of overt act on the part of the deceased at the time of the ... killing. This is the settled jurisprudence as well as the ... statutory law. [203 La. 731] State v. Carter, 197 La. 155, 1 ... So.2d 62, and authorities therein cited ... For the ... reasons assigned, the conviction and sentence appealed from ... are affirmed ... O'NIELL, ... C. J., concurs in the decree on the ground that, according to ... the testimony of the defendant ... ...