Legal Opinion · Dissent

State v. English

Supreme Court of South Carolina

Decided April 11, 1921No. 10601Published

Before SeasE, J-, Fairfield, September term, 1919. Will English indicted for the murder of Roland Shelton and upon convicition for manslaughter appeals.

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Before SeasE, J-, Fairfield, September term, 1919. Will English indicted for the murder of Roland Shelton and upon convicition for manslaughter appeals. The appellant’s exceptions were as follows: 1 That his Honor erred in permitting the solicitor, over the twice-repeated objections of defendant’s counsel, to argue to the jury that the defendant had started a report in the community that the deceásed had been in defendant’s watermelon patch; that, by starting such a report, he was at fault in bringing on the difficulty, and could not claim the protection of the law of self-defense — the error…

1Dissent

Mr. Justice Coti-iran,

(dissenting:) I think that there was serious prejudicial error in the rulings and charge of the Circuit Judge in this case, and that there should be a new trial.

The circumstances of the homicide, from the State’s point of view, were as follows:

The defendant, English, and the deceased, Shelton, were tenants upon the same tract of land, having separate farms, the deceased, a young man, working with his father; some one had invaded the defendant’s watermelon patch, and he had told others that Shelton was the marauder; on the day of the homicide the deceased, with his…

2Cases cited19 opinions

  1. State v. PartlowSupreme Court of Missouri · 1886
  2. State v. StarrSupreme Court of Missouri · 1866
  3. People v. GloverCalifornia Supreme Court · 1903
  4. State v. RowellSupreme Court of South Carolina · 1906
  5. Foutch v. StateTennessee Supreme Court · 1896

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