State v. Bates
Supreme Court of South Carolina
Before DeVore, J., Spartanburg, September, 1909. Indictment against J. B. Bates for murder. From sentence, defendant appeals. cite: Remarks as to effect of opinion evidence prohibited by Constitution: 5 Ency. Ev. 656, 637, 713, 646, 647. cites: Remarks in ruling on evidence has not the effect of instructions: 39 S. C. 350'; 36 S. C. 534; 61 S. C. 21; 49 S. C. 413; 33 S. C. 100; 72 S. C. 352. Rule for construing charge: 43 S. C. 133; 35 S. C. 269, 291.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is an appeal from the sentence of death, imposed upon the defendant for murder.
The first exception is as follows :
1 “That his Honor erred in making the comment before the jury, upon the testimony of defendant’s witnesses, T may state -right here, -that the lay witnesses’ opinion, is not binding on the jury, where the jury understand the facts and- -circumstances, upon which that opinion is based'.’ The error being, that his Honor was without legal power or right, to place such limitation upon the value and effect of the testimony,…
2Cases cited2 opinions
- State v. MarchbanksSupreme Court of South Carolina · 1901
- Tinsley v. Western Union Tel. Co.Supreme Court of South Carolina · 1905
3Cited by8 opinions
- State v. MOUZONSupreme Court of South Carolina · 1957
- State v. WilliamsSupreme Court of South Carolina · 1932
- State v. JonesSupreme Court of South Carolina · 1942
- Mann v. Seaboard Air Line R. Co.Supreme Court of South Carolina · 1926
- State v. JohnsonSupreme Court of South Carolina · 1930
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