Legal Opinion

State v. Lee

Supreme Court of South Carolina

Decided March 3, 1910No. 7465PublishedCited by 3 opinions

Before DeVorE, J., Oconee, November term, 1908. Indictment against E. B. Lee for murder of Miles A. Smith. From sentence, defendant appeals. cites: Solicitor cannot discredit his own witness: 30 Ency., 1128; 43 S. C., 126; 22 S. C., 199; Chev. L., 37'. Instructions should be applicable to the evidence: 11 Ency.

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Before DeVorE, J., Oconee, November term, 1908. Indictment against E. B. Lee for murder of Miles A. Smith. From sentence, defendant appeals. cites: Solicitor cannot discredit his own witness: 30 Ency., 1128; 43 S. C., 126; 22 S. C., 199; Chev. L., 37'. Instructions should be applicable to the evidence: 11 Ency. P. & P., 158; 15 S. C., 95; 2 L. R. A.,668; 3 L. R. A., 639; 13 L. R. A., 272; 2 Black., 418; 4 L. R. A., 470; 8 L. R. A., 593; 17 L. R. A., 33; 39 L. R. A., 161; 48 L. R. A., 711; 62 L. R. A., 922; 63 L. R. A., 937; 7 L. R. A., (N. S.) 97; 18 U. S. Sup. L. Ed., 186; 33 Id., 53; 32…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chiee Justice Jones.

The defendant was charged with the murder of Miles Smith, in Oconee county, on March 10, 1907, and was convicted of manslaughter and sentenced.

1 The first ground of appeal assigns error in permitting the solicitor, on the examination of G. S. Massey, a -witness for the State, to show that he was the putative father of the defendant. It is objected that it was not competent for the State to thus discredit its own witness.

The general rule is that a party is not allowed to impeach the credibility of his own witness, either by…

2Cases cited2 opinions

  1. Hubbard v. Furman UniversitySupreme Court of South Carolina · 1907
  2. State v. StukesSupreme Court of South Carolina · 1906

3Cited by3 opinions

  1. State v. BrownSupreme Court of South Carolina · 1918
  2. State v. EnglishSupreme Court of South Carolina · 1921
  3. The State v. Joseph BowersSupreme Court of South Carolina · 2022

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