Legal Opinion

State v. Mills

Supreme Court of South Carolina

Decided February 25, 1908No. 6768PublishedCited by 14 opinions

Before Purdy, J., Cherokee, Indictment against W. H. Mills for murder of Flunk Deal. From sentence on verdict of guilty with recommendation to mercy, defendant appeals. Mr. Wilson cites: Jury illegally drawn: 33 S'tat., 1066 ; 77 S. C., 350. Declaration of deceased that h\e only had a knife is not a dying declaration: 4 Ency. Ev., 1005 ; 56 S. C., 586; 58 S. C., 351. Dying declarations may be shown to be fallacious: 10 Ency., 383; 4 Ency.

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Before Purdy, J., Cherokee, Indictment against W. H. Mills for murder of Flunk Deal. From sentence on verdict of guilty with recommendation to mercy, defendant appeals. Mr. Wilson cites: Jury illegally drawn: 33 S'tat., 1066 ; 77 S. C., 350. Declaration of deceased that h\e only had a knife is not a dying declaration: 4 Ency. Ev., 1005 ; 56 S. C., 586; 58 S. C., 351. Dying declarations may be shown to be fallacious: 10 Ency., 383; 4 Ency. Ev., 1013; 5-6 S. C., 588. Rule of cross-examination as to past transactions: 77 S. C., 343; 34 S. C., 39; 36 S. C., 130. Statement, “If yon find these to…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

The defendant was indicted for the murder of Frank Deal, and the case was tried before his Honor, Judge Purdy, and a jury, on the 26th of June, 1907. The jury rendered a verdict of guilty, with recommendation to mercy, and he was sentenced to imprisonment far life.

The first assignment of error is, that his Honor, the presiding judge, refused the defendant’s motion for a continuance.

1 The following statement appears in the record: “Upon the call of the case for trial, defendant’s attorneys -moved for a continuance upon the ground of the…

2Cases cited9 opinions

  1. State v. WyseSupreme Court of South Carolina · 1891
  2. State v. RobertsonSupreme Court of South Carolina · 1887
  3. Uhl v. Ohio River R.West Virginia Supreme Court · 1899
  4. State v. MitchellSupreme Court of South Carolina · 1900
  5. State v. TaylorSupreme Court of South Carolina · 1900

4 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. State v. RobinsonSupreme Court of South Carolina · 1961
  2. State v. BighamSupreme Court of South Carolina · 1926
  3. State v. KnoxSupreme Court of South Carolina · 1914
  4. State v. GibertSupreme Court of South Carolina · 1941
  5. State v. Van WilliamsSupreme Court of South Carolina · 1948

9 more not listed; retrieve them via the Exa API.

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