State v. Atkins
Supreme Court of South Carolina
Before , J., Abbeville, January, 1897. Indictment against Wade Atkins for assault and battery with intent to kill. The presiding Judge charged the jury as follows: This case against the defendant is for assault and battery with intent to kill.
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Before , J., Abbeville, January, 1897. Indictment against Wade Atkins for assault and battery with intent to kill. The presiding Judge charged the jury as follows: This case against the defendant is for assault and battery with intent to kill. To convict one .of assault and battery with intent to kill, the facts and circumstances attending the assault must have been such that it would have been murder had Mr. Perrin died, then in that case you could find a verdict of assault and battery with intent to kill. Now you are responsible for the facts in all cases, and the Court is responsible for…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Pope.
The defendant, Wade Atkins, was tried and convicted of assault and battery with intent to kill at the January term, 1897, of the Court of General Sessions for Abbeville County, and after sentence appealed to this Court' on five grounds, viz: 1. Because his Honor erred in charging the jury that defendant had set up an alibi. 2. Because his Honor erred in stating the testimony to the jury. 3. Because his Honor erred in commenting upon the facts of the case when he made the following statements in his charge: “You must consider the…
2Cited by4 opinions
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