Legal Opinion

State v. Smalls

Supreme Court of South Carolina

Decided March 16, 1906PublishedCited by 12 opinions

Before DantzlER, J., Darlington, Spring Term, 1905. Indictment against Bo'b Smalls and John Nall for murder of Prank Scott. Prom sentence, both defendants appeal. cites: Acts and conversation of defendants some time before and after homicide are not res gestae: 21 How. St. Tr., 531; 13 S. C., 163; 26 S. C., 121; 56 S. C., 369; 68 S. C., 310. Defendant should not have been, required to< say he had shot in highway: Crim.

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Before DantzlER, J., Darlington, Spring Term, 1905. Indictment against Bo'b Smalls and John Nall for murder of Prank Scott. Prom sentence, both defendants appeal. cites: Acts and conversation of defendants some time before and after homicide are not res gestae: 21 How. St. Tr., 531; 13 S. C., 163; 26 S. C., 121; 56 S. C., 369; 68 S. C., 310. Defendant should not have been, required to< say he had shot in highway: Crim. Code, 252; 65 S. C., 215; 20 S. C., 312; 72 S. C., 83. Defect in drawing jury not appearing on record, only remedy is by appeal: 1 Brev., 169; 2 N. & McC., 135, 312; 26 S. C.,…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

Upon their trial in the Court of General Sessions for Darlington County, Bob Smalls and John Nall were convicted of the murder of Frank Scott, with a recommendation to mercy as to John Nall. The presiding Judge, Hon. Chas. G. Dantzler, sentenced Bob Smalls to be executed on May 5, 1905, and John Nall to imprisonment for life.

1 The deceased was shot to death on the public highway. In their appeal the defendants first complain of the admission of evidence to the effect that while walking on the public road on their way -to the place…

2Cases cited5 opinions

  1. Rhodes v. Southern Ry.Supreme Court of South Carolina · 1904
  2. State v. BerkeleySupreme Court of South Carolina · 1902
  3. Holcombe v. Southern Railway Co.Supreme Court of South Carolina · 1903
  4. State v. JeffcoatSupreme Court of South Carolina · 1887
  5. State v. BoydSupreme Court of South Carolina · 1900

3Cited by12 opinions

  1. State v. RectorSupreme Court of South Carolina · 1930
  2. State v. WellsSupreme Court of South Carolina · 1931
  3. State v. MillsSupreme Court of South Carolina · 1908
  4. State v. RasorSupreme Court of South Carolina · 1933
  5. State v. SmithSupreme Court of South Carolina · 1942

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