Legal Opinion

State v. Messervey

Supreme Court of South Carolina

Decided July 4, 1916No. 9441PublishedCited by 6 opinions

Before MooRE, J., Charleston, June, 1915. J. W. Messervey was convicted of manslaughter, and appeals. Appellant states his case as follows: “On July 6, 1909, the defendant, J. W. Messervey, shot one J. D. Altman at Ravenel, in Colleton county, from which wound the said J. D. Altman subsequently died in Charleston county.

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Before MooRE, J., Charleston, June, 1915. J. W. Messervey was convicted of manslaughter, and appeals. Appellant states his case as follows: “On July 6, 1909, the defendant, J. W. Messervey, shot one J. D. Altman at Ravenel, in Colleton county, from which wound the said J. D. Altman subsequently died in Charleston county. The same year an indictment for murder was found by the grand jury of Colleton county against J. W'. Messervey, but he was never tried, as he was serving a sentence for the killing of C. P. Pishburne. In 1915, J. W. Messervey, having been released from the penitentiary on…

1Opinion of the Court

The opinion of the Court, reciting the f oregoing statement of facts, was delivered by

Mr, Justice Eraser.

1 1. Appellant complains: “The Court had no jurisdiction to try defendant on the indictment found by the grand jury of Charleston county.”

The statute invoked is as follows':

“When any person shall be struck, wounded, poisoned, or otherwise injured in one county, and dies thereof in another, any inquisition or indictment thereon found by jurors of either county shall be as good and effectual in law as if the stroke, wound, poisoning or other injury had been committed and done in the county…

2Cases cited1 opinion

  1. State v. MesservySupreme Court of South Carolina · 1910

3Cited by6 opinions

  1. State v. ChaconIdaho Supreme Court · 1922
  2. United States v. HauptCourt of Appeals for the Seventh Circuit · 1945
  3. State v. GaskinsSupreme Court of South Carolina · 1974
  4. Karsner v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1930
  5. State v. HowellSupreme Court of South Carolina · 1951

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