54 So. 971 | La. | 1911
Shooting with intent to commit murder.
Defendant was tried and found guilty un■der an indictment charging him with shooting Louis Cato with a dangerous weapon, with intent to commit murder.
The reason given for admitting the testimony was to prove motive.
The testimony complained of is the following :
“That he (the witness) had seen the accused at Wm. Meyerer’s store, where they took a ■couple of drinks. That during the conversation there the matter of the coming election was discussed (meaning a lodge election). This meeting occurred about 1% hours before the lodge meeting. There were present at the conversation E. D. Williams, myself, the accused, and Willie Gaudet, all members of the lodge, ■except Gaudet.
“That the accused said that he wanted a square election out of Mike Winniield and Buddy Beranco, and, if he did not get it, that he was going to make somebody jump out of the window.
“The accused at the time of the conversation exhibited a pistol, and was a little later seen by witness with a shotgun.”
The verdict and sentence appealed from are reversed and set aside, and this case is remanded for trial according to law.