92 So. 217 | La. | 1922
Opinion on the Merits
On the Merits.
Charles Oliver (alias Steam Shovel), the accused, was indicted ■ jointly with one John Epps for the murder of one Jack Donald, and was found guilty as charged, and sentenced to be hanged.
The ruling was correct.
“I am going to stick Mm” (decedent) “if I have to do it in broad daylight, and I may have to throw him away.”
Evidence was allowed to go in as to this game and as to this procuring of the pistol, and as to the conversation. The judge says:
“Other testimony shows that the accused was searching for the deceased from the time the gambling game ended until the shooting occurred, and that the shooting was done with the pistol handed to the accused by John Epps. The incidents .were in quick succession, all closely connected with each other and thereby with the shooting itself. They were highly relevant and important in proving motive and malice.”
The circumstances thus immediately preceding the fatal event, and contributing to bringing it on, were certainly relevant; and evidence of them was certainly admissible for showing malice.
This testimony was objected to. The trial judge says of it:
“The statement was part of the res gestae; and at all events was not injurious to the defendant. It contained no charge against him; gave no account of what had occurred, and meant nothing more than a statement of what was already perfectly obvious — that the man was badly hurt, and wanted his wife to be informed of it.”
Evidently, the admission of this evidence was not injurious, and therefore is not ground for reversal.
Judgment affirmed.
Lead Opinion
Appellant was convicted of the crime of murder and condemned to suffer the penalty of death. No argument was made in this court, nor brief filed, by the attorney appointed to represent him.
“Monday, October 11, 1921. Court met pursuant to adjournment, Ms honor Jerry Cline, judge, presiding, with M. M. Wood, deputy sheriff, and S. H. Jones, deputy clerk, in attendance.
“The grand jury, through their foreman, also reports the following true bills, which were ordered filed and warrants issued for the accused:
“State of Louisiana v. Charles Oliver, alias Steam Shovel, and John Epps, No. 18S5. Charge, Murder. To the bar personally come the accused, Charles Oliver, alias ‘Steam Shovel,’ and John Epps, and, being formally arraigned, each pleaded not guilty. On motion of the district attorney, this case is fixed for October 18, 1921.”
It is possible that the title and docket number of the case, as stated in the last paragraph of this entry on the minutes, has reference to the preceding paragraph, and denotes a case in which “a true bill” was reported ; but that is not at all certain, because this last paragraph of the minute entry is a complete statement of what occurred. The next following entry on the minutes, of date October 12, 1921, shows merely that an attorney was then appointed to represent the defendant, Charles Oliver. .
It is ordered that this case be remanded to the district court, and that a copy of the transcript of appeal be returned to the clerk of said court, for a correction and completion of the record, if it be not correct and complete, and that the transcript be returned to this court within 60 days from the date of this order.