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State v. Miller

3/3/2004

ocation is required between the charged offense and the other crimes evidence to insure that the purpose served by admission of other crimes evidence is not to depict defendant as a bad man, but rather to complete the story of the crime on trial by proving its immediate context of happenings near in time and place. State v. Taylor, 01-1638 (La. 1/14/03), 838 So.2d 729, cert denied, 124 S.Ct. 1036, 72 USLW 3446 (2004). Res gestae evidence in Louisiana incorporates a rule of narrative completeness without which the state's case would lose its momentum and cohesiveness, with power not only to support conclusions but to sustain the willingness of jurors to draw the inferences, whatever they may be, necessary to reach an honest verdict. Id.


In this case, the second set of shots formed an integral part of the act that is the subject of the present charge. Without it, the state would not be able to present a cohesive and complete picture of what happened. The proof of the killing of the victim required an explanation of the multiple gunshot wounds. To discuss the cause of death without explaining the source of the other wounds might raise the specter that a second assailant was involved. The presentation of the evidence of the second shooting, therefore, was clearly relevant for the presentation of the state's case. This assignment is therefore without merit.


Decree


For the foregoing reasons, the defendant's conviction and sentence are affirmed.


AFFIRMED.






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