State v. Lee

331 So. 2d 455 (1975)

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State v. Lee

Louisiana Supreme Court
331 So. 2d 455 (1975)

Facts

Sammy Lee (defendant) worked with Lane Etchieson on a roof-repair crew. One Sunday morning, Etchieson’s daughter and Lee’s son began fighting, and Etchieson angrily approached the children. Lee’s son ran to Lee, who was holding a shotgun in preparation for a squirrel hunt. According to Lee, Etchieson then charged at Lee, cut Lee with a knife, and threatened to cut off Lee’s head. Lee shot and killed Etchieson. The State of Louisiana (plaintiff) charged Lee with murder, but Lee claimed that he acted in self-defense. At trial, the state called three eyewitnesses who testified that Etchieson did not have a knife. The defense presented testimony from a witness who said that she saw Etchieson swing at Lee with something and then drop a knife after the shooting. Another defense witness testified that she saw a knife on the ground next to Etchieson’s body. The trial court permitted Lee to testify regarding Lee’s past conflicts with Etchieson and a previous violent act that Lee saw Etchieson commit. However, the trial court did not allow Lee or the other defense witnesses to answer questions about whether the witnesses had heard of Etchieson’s dangerous character. The trial court concluded that there was not sufficient evidence that Etchieson had committed a hostile overt act toward Lee because the knife was not in evidence and because the state’s witnesses had all testified that Etchieson did not have a knife. The jury ultimately found Lee guilty, and he appealed.

Rule of Law

Issue

Holding and Reasoning (Tate, J.)

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