Legal Opinion

State v. Johnson

Supreme Court of South Carolina

Decided March 17, 1910No. 7501PublishedCited by 11 opinions

Before Gage, J., Darlington, February, 1909. Indictment against Robert Johnson for rape. Prom sentence, defendant appeals. cites: That the prosecutrix failed to identify others is competent: 47 S. C., 67; 12 Cyc., 392, 430 ; 22' N. W., 15. Admission of irrelevant testimony is harmless: 38 S. C., 381; 28 S. C., 121; 47 S. C.,73. Especially when other evidence on same point has been received without objection: 72 S. C., 426; 75 S. C., 264; 76 S. C., 284 ; 78 & C., 38, 155; 21…

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Before Gage, J., Darlington, February, 1909. Indictment against Robert Johnson for rape. Prom sentence, defendant appeals. cites: That the prosecutrix failed to identify others is competent: 47 S. C., 67; 12 Cyc., 392, 430 ; 22' N. W., 15. Admission of irrelevant testimony is harmless: 38 S. C., 381; 28 S. C., 121; 47 S. C.,73. Especially when other evidence on same point has been received without objection: 72 S. C., 426; 75 S. C., 264; 76 S. C., 284 ; 78 & C., 38, 155; 21 Fla., 242, Nor if incompetent evidence does not affect the result: 32 Fed R., 569; 58 Ga., 545; 33 Miss., 47. Proof of…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Hydrick.

The defendant appeals from sentence of death for rape. On his arraignment he pleaded not guilty, and undertook to prove an alibi.

To a proper understanding of the points decided, it will be necessary to state the substance of the testimony of the prosecutrix as to the outrage, and a few of the material facts appearing in the testimony. On the night of the outrage the prosecutrix retired about seven o’clock, leaving a lamp burning low on the bureau in her room, and the front door unlocked, as she usually did, until her husband came…

2Cases cited3 opinions

  1. Norris v. ClinkscalesSupreme Court of South Carolina · 1896
  2. State v. JamesSupreme Court of South Carolina · 1889
  3. State v. HowellSupreme Court of South Carolina · 1888

3Cited by11 opinions

  1. State v. ParrisSupreme Court of South Carolina · 1911
  2. State v. PruittSupreme Court of South Carolina · 1938
  3. State v. RoofSupreme Court of South Carolina · 1941
  4. State v. FloydSupreme Court of South Carolina · 1934
  5. Williams v. WardenCourt of Appeals of Maryland · 1965

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