State v. Humphrey
| Decision Date | 03 March 1980 |
| Docket Number | No. 65614,65614 |
| Citation | 381 So.2d 813 |
| Parties | STATE of Louisiana v. James Louis HUMPHREY. |
| Court | Louisiana Supreme Court |
William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Leonard K. Knapp, Jr., Dist. Atty., George Perez, Jr., Abbott J. Reeves, Asst. Dist. Attys., for plaintiff-respondent.
Thomas L. Lorenzi, Richard P. Ieyoub, Lake Charles, for defendant-relator.
By a two-count indictment the Calcasieu Parish Grand Jury indicted James Louis Humphrey with the April 28, 1978 second degree murder of his children Latasha Denise Humphrey and Janice Faye Humphrey. As amended the indictment charged defendant with manslaughter in two counts. Count one set forth that he "Did, while engaged in the perpetration or attempted perpetration of an intentional misdemeanor directly affecting the person, viz: simple battery in violation of R.S. 14:35, kill and slay one Latasha Denise Brouchet a/k/a Latasha Denise Humphrey in violation of Section 2(a) of R.S. 14:31."
Count two contains the identical charge against defendant for killing Janice Faye Brouchet a/k/a Janice Faye Humphrey.
At the hearing on the State's motion to amend the indictment on July 24, 1979, the State filed a notice to introduce evidence of other crimes at the trial, which was objected to by the defense. On the day of trial the notice was amended to express the State's intent to introduce: "evidence of simple batteries committed upon the decedents, Latasha D. Brouchet and Janice F. Brouchet, by the defendant," which the State alleged was admissible "to show that the defendant possessed the requisite intent to perpetrate an intentional misdemeanor directly affecting the person at the time of the offense charged in the amended indictment herein." The notice stated the alleged other batteries occurred on June 29, 1977 and April 25, 1978.
Defendant again objected that the notice as amended referring to evidence of other crimes the State intended to introduce failed to comply with this Court's decision in State v. Prieur, 277 So.2d 134 (La.1973). The objection was overruled by the trial judge and the defense applied for review under our supervisory jurisdiction. We granted certiorari.
The State claimed at the hearing that in proving the defendant killed his minor children while engaged in committing simple battery, the evidence of abuse on two prior occasions is admissible to prove intent; that this evidence was admissible to demonstrate not only the requisite intent under the statute but also the modus operandi employed by defendant, the earlier offenses being so peculiarly distinctive one could logically say they are the work of the same person. Furthermore, the State argued, the evidence of other similar acts was substantially relevant to prove defendant was the perpetrator of the offense charged.
In State v. Bradford, 259 La. 381, 250 So.2d 375 (1971) the court held that in a prosecution for the murder of a foster child evidence of beatings inflicted by the defendant upon other foster children entrusted to her care was admissible in order to show a system of severe chastisement...
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State v. Humphrey
...evidence to prove that the April 28, 1978, battery was intentional. This court's decision on defendant's writ application, State v. Humphrey, 381 So.2d 813 (La.1980) 2, does not preclude further review on appeal of the merits of defendant's argument of inadmissibility under State v. Hatcher......
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State v. Davis
...victim and are not too remote. See State v. LaFleur, 398 So.2d 1074 (La.1981); State v. Walker, 394 So.2d 1181 (La.1981); State v. Humphrey, 381 So.2d 813 (La.1980); State v. Monroe, 364 So.2d 570 (La.1978); State v. Morris, 362 So.2d 1379 These assignments lack merit. Assignment of Error N......
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State v. Verrett
...(under C.Cr.P. Art. 3) to consider such matters in advance of trial. See State v. Wilkerson, 259 So.2d 871 (La.1972); State v. Humphrey, 381 So.2d 813 (La.1980). ...
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State v. Thompson, KA-7404
...statute which defines this crime as an unintentional killing. La.R.S. 14:30(2). The Louisiana Supreme Court, in State v. Humphrey, 381 So.2d 813 (La., 1980) held that specific intent to kill or cause great bodily harm is not an element of the crime when the defendant is charged under subsec......