State v. Walker
Supreme Court of South Carolina
Before Gage, J., Dorchester, Indictment against J. M. Walker for murder of Joe Demicola. From sentence on verdict of manslaughter, defendant appeals. cites: Under facts here. cause should have been continued: 4 Ency. P. & P., 833, Par. 6. Instruction on plea of self-defense should not have been given: 11 Ency., 248; 9 Tex., 536. If misconduct of a juror is shown which may have prejudiced the appellant, new trial should be granted: 12 Ency.
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Before Gage, J., Dorchester, Indictment against J. M. Walker for murder of Joe Demicola. From sentence on verdict of manslaughter, defendant appeals. cites: Under facts here. cause should have been continued: 4 Ency. P. & P., 833, Par. 6. Instruction on plea of self-defense should not have been given: 11 Ency., 248; 9 Tex., 536. If misconduct of a juror is shown which may have prejudiced the appellant, new trial should be granted: 12 Ency. P. & P., 553. Jury should not have been allowed to separate: 12 Ency., 566, 568, 578; 32 S. C., 392. cites: As to competency of jurors: 24 Cyc., 302, et…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
The appellant, J. M. Walker, indicted for the murder of Joe Demicola in Dorchester County, was convicted of manslaughter and sentenced to fifteen years in the penitentiary. Walker was a department boss or manager of the Dorchester Lumber Company, operating at Badham, in said county, and Demicola, a young Italian, was one of the employees. Demicola, claiming to be in need of rest, failed to appear for some emergency work on Sunday morning in response to the request of Walker. He went to the shop Sunday afternoon, and he was informed by…
2Cases cited3 opinions
- Crosswell v. Connecticut Ind. Ass'nSupreme Court of South Carolina · 1898
- Burns v. GoddardSupreme Court of South Carolina · 1905
- Vann v. HowleSupreme Court of South Carolina · 1895
3Cited by4 opinions
- State v. BallewSupreme Court of South Carolina · 1909
- State v. CrosbySupreme Court of South Carolina · 1931
- State v. QueenSupreme Court of South Carolina · 1975
- State v. QueenSupreme Court of South Carolina · 1975