State v. Bean
Louisiana Court of Appeal
582 So. 2d 947 (1991)
- Written by Abby Roughton, JD
Facts
On April 17, 1989, John Wesley “Sugar Boy” Bean (defendant) went to the home of his estranged wife, Elgie Mack. Bean and Mack subsequently left the home in Bean’s father’s car. Bean and Mack’s four-year-old daughter, Cherdaria, and Cherdaria’s seven-year-old cousin, Barbara Peterson, were in the car’s backseat. During the car ride, Bean shot Mack, and Mack fell out of the car. Cherdaria and Peterson ran from the car after the shooting. Mack died, and the State of Louisiana (plaintiff) charged Bean with murder. At trial, the state presented testimony from a bystander who spoke to Cherdaria immediately after Cherdaria ran from the car. The witness testified that Cherdaria said, “Sugar Boy shot my mama,” and asked, “Why would my daddy kill my mama?” The state also called Peterson as a witness. Because of Peterson’s age, the trial court held a competency hearing to determine whether to allow Peterson to testify. Peterson seemed scared and shy, but she told the judge that she understood the difference between a truth and a lie. The judge found that Peterson was competent and allowed her to testify. Following the trial, the jury found Bean guilty. Bean appealed to the Louisiana Court of Appeal.
Rule of Law
Issue
Holding and Reasoning (Victory, J.)
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