Legal Opinion

State v. Smalls

Supreme Court of South Carolina

Decided April 15, 1878No. CASE No. 661PublishedCited by 1 opinion

Before TowNSEND, J., at Richland, October Term, 1877. This was an indictment for bribery, committed by defendant, as a state senator, in December, 1872. True bill was found by the grand jury at October Term, 1877, of the Court of General Sessions for Richland county. The indictment contained five counts.

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Before TowNSEND, J., at Richland, October Term, 1877. This was an indictment for bribery, committed by defendant, as a state senator, in December, 1872. True bill was found by the grand jury at October Term, 1877, of the Court of General Sessions for Richland county. The indictment contained five counts. The first count charged that the defendant did, on December 18th, 1872, “ corruptly accept from Josephus'Wood-ruff a gift and gratuity and a promise to make a gift and do an act beneficial to him,” a state senator, under an agreement and with an understanding that the vote, opinion and…

1Opinion of the Court

The opinion of the Court of Appeals was delivered by

Dunkin, C. J.

In Mr. Philips’ Treatise on Evidence, pp. 110-112, the rule is thus stated: after premising that the testimony of an accomplice should be received with great jealousy and caution, because, among other things, they stand contaminated with guilt by their own confession, and are sometimes entitled to a reward upon obtaining a conviction, Mr. Phillips says: “The doctrine of a conviction being legal upon the unsupported evidence of an accomplice has been greatly modified in practice, and it has long been considered as a general rule…

2Cases cited1 opinion

  1. Corning v. AshleyNew York Supreme Court · 1847

3Cited by1 opinion

  1. State v. CragunUtah Supreme Court · 1934

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