State v. Augustus (Louisiana 1911), 129 La. 617

Summary

The court affirmed the defendant's manslaughter conviction and sentence. It held that the victim's severe gunshot wound, statements, and death shortly afterward supplied an adequate foundation for admitting the statement as a dying declaration, and that any complaint was independently foreclosed because the same testimony was admitted without objection later. The court also upheld the prosecutor's reading during closing argument of a written statement whose contents and accuracy had already been presented to the jury.

Holding

Foundation for dying declaration and effect of subsequent unobjected testimony. The victim's statement was admissible as a dying declaration because the mortal close-range wound, the victim's physical condition, his statement that he had been shot to death, and his death a few hours later established that he believed death was impending. In addition, the defendant had no basis to complain because the same declaration was later admitted through other witnesses without objection.

Reading a written statement during closing argument. The district attorney could read the written statement during closing argument because its contents had already reached the jury without objection and witnesses had testified to their accuracy, even though the document itself had not been formally offered into evidence.