State v. Rochester
Supreme Court of South Carolina
Before Joseph A. McCueeough, special Judge, Oconee, November term, 1904. Indictment against Earle Rochester for murder of Walter Mills. From sentence, defendant appeals on following exceptions: “I. Because the presiding Judge erred in charging the jury as follows: ‘A great deal has been said and written as explanatory of malice and to illustrate malice, and men may have different conceptions of what that legal term means.
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Before Joseph A. McCueeough, special Judge, Oconee, November term, 1904. Indictment against Earle Rochester for murder of Walter Mills. From sentence, defendant appeals on following exceptions: “I. Because the presiding Judge erred in charging the jury as follows: ‘A great deal has been said and written as explanatory of malice and to illustrate malice, and men may have different conceptions of what that legal term means. After all, what is malice? It is the intentional taking of human life.’ It is respectfully submitted that the presiding Judge erred in giving this definition of malice, and…
1Opinion of the Court
The opipion of the Court was delivered by
Mr. Justice Gary.
Upon the trial of the defendant for murder, the jury rendered a verdict of guilty, and he appealed upon exceptions which will be set out in the report of the case. His Honor, the presiding Judge, charged the jury as follows:
“The State charges the killing was murder; that is to say, that it was done with malice aforethought, either expressed or implied. Now, what does that mean? (A great deal has been said and written as explanatory of malice and to illustrate malice, and men may have different conceptions of what that legal term means.…
2Cases cited2 opinions
- State v. McDanielSupreme Court of South Carolina · 1904
- State v. MurrellSupreme Court of South Carolina · 1890
3Cited by15 opinions
- Welty v. StateIndiana Supreme Court · 1912
- State v. GordonSupreme Court of South Carolina · 1924
- Theodore Griffin v. George N. Martin, Iii, Warden Attorney General of the State of S. C.Court of Appeals for the Fourth Circuit · 1986
- State v. DickeyCourt of Appeals of South Carolina · 2008
- Thomas v. LeekeDistrict Court, D. South Carolina · 1982
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