83 So. 374 | La. | 1919
The accused was convicted of murder, and sentenced to be hanged, and has appealed.
“Marital infidelity on the part of the deceased does not excuse the crime or justify the killing, but reduces the crime to manslaughter, if the killing is done in the heat of passion as a result of such conduct.”
The per curiam of the judge reads:
“I refused to give this charge as requested, because it was not applicable to the facts of the case. There was no proof before the jury of the ‘marital infidelity’ of the deceased (wife of accused), and even though the requested charge was a correct statement of the law on the subject, it was inapplicable to the facts submitted to the jury, and would have been simply charging the jury on an abstract principle of law.”
Judgment affirmed.