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463 So. 2d 680

State v. Allen

Louisiana Court of Appeal

Decided January 11, 1985

Louisiana Court of Appeal · decided 1985-01-11

Cited by 1 later decisions — most recently June 1987

1 state decisions

Key passage — most relied on by later courts

“A homicide is justifiable: (1) when committed in self-defense by one who reasonably believes that he is in imminent danger of losing his life or receiving great bodily harm and that the killing is necessary to save himself from the danger[.]”

quoted by 1 later decision, including State v. Gaines

Relies on Jackson v. Virginia · State v. Edwards · 419 So. 2d 858 - State v. Raymo

Good law ✅— No negative treatment on recordhow we know

Decided 1985-01-11

View the full empirical analysis of this case →

BARRY, Judge.

¶1Defendant was convicted of manslaughter, La.R.S. 14:31, and sentenced to five years at hard labor. He requests review for errors patent. There are none.

¶2Although not assigned as error, we reviewed the sufficiency of evidence to support defendant’s conviction. State v. Ray-mo, 419 So.2d 858 (La.1982). We must consider whether, viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found beyond a reasonable doubt that the defendant was guilty of manslaughter and the homicide was not committed in self-defense. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State v. Faulkner, 441 So.2d 721 (La.1983); State v. Lynch, 436 So.2d 567 (La.1983).

¶3To support manslaughter, the state must prove the defendant committed a homicide which would be murder under either La.R.S. 14:30 or La.R.S. 14:30.1, but the offense was committed in sudden passion or heat of blood immediately caused by provocation sufficient to deprive an average person of his self control and cool reflection. Provocation will not reduce a homicide to manslaughter if the offender’s blood had actually cooled, or any average person’s blood would have cooled, at the time the offense was committed. La.R.S. 14:31.

¶4A homicide is justifiable when committed in self-defense by one who reasonably believes that he is in imminent danger of losing his life or receiving great bodily harm and that the killing is necessary to save himself from that danger. La.R.S. 14:20.

¶5There was testimony the defendant was assaulted by the victim who was angry with him for losing marijuana the defendant was to sell for him. The defendant ran away but returned minutes later wielding a gun. He fired five shots, killing the victim. Although defendant testified the victim was armed with a gun and threatened to kill him, no gun was found. Eyewitnesses confirmed the victim did not have a gun.

¶6Viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found beyond a reasonable doubt that the defendant was guilty of manslaughter and the homicide was not committed in self-defense. State v. Edwards, 420 So.2d 663 (La.1982); State v. Ford, 315 So.2d 276 (La.1975).

¶7Defendant’s conviction and sentence are affirmed.

¶8AFFIRMED.

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