State v. Kennedy
Supreme Court of South Carolina
Before-, J., Barnwell, 1909. Indictment against J. Chester Kennedy for accessory to murder of W. Perry Ussery. From sentence, defendant appeals. -cites: It is not necessary to set out in the indictment all the attending circumstances: 14 Rich., 225; 1 Hale P. C., 569; 33 N. F., 739; 47 S. W., 886; 9 Ency., 631, 553; 2 Strob., 77; 6 Ency. of Ev., 737; 52 S. E., 12; 78 Ala., 474; 75 Pac., 1093; 22 S. W., 371; 29 Ala., 20; 20 La., 839; 21 Cy-c., 840. One indictment covers the…
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Before-, J., Barnwell, 1909. Indictment against J. Chester Kennedy for accessory to murder of W. Perry Ussery. From sentence, defendant appeals. -cites: It is not necessary to set out in the indictment all the attending circumstances: 14 Rich., 225; 1 Hale P. C., 569; 33 N. F., 739; 47 S. W., 886; 9 Ency., 631, 553; 2 Strob., 77; 6 Ency. of Ev., 737; 52 S. E., 12; 78 Ala., 474; 75 Pac., 1093; 22 S. W., 371; 29 Ala., 20; 20 La., 839; 21 Cy-c., 840. One indictment covers the acts against deceased: 12 Cyc., 280, 289, 283, Principal as witness against accessory: 12 Cyc., 450; Í Ency., 395; 1…
1Opinion of the Court
The opinion of the Court was deliv-. ered by
Mr. Justice Hydrick.
The first count of the indictment charged Quitman Johnson and Ferdinand Grubbs with the murder of W. Perry Ussery. The second and third courts charged appellant and Grubbs as accessories before and after the fact. Appellant alone was tried and convicted on the second count.
1 Against appellant’s objections, testimony was admitted tending to show that he had conspired with his co-defendants to take the life of Marvin Holland, and that Ussery was shot by mistake for Holland. Appellant contends that this testimony was inadmissible,…
2Cases cited8 opinions
- Benson v. United StatesSupreme Court of the United States · 1892
- Commonwealth v. BrownMassachusetts Supreme Judicial Court · 1881
- State v. GreenSupreme Court of South Carolina · 1897
- State v. ReynoldsSupreme Court of South Carolina · 1897
- State v. JamesSupreme Court of South Carolina · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Gladden v. StateCourt of Appeals of Maryland · 1974
- State v. HeywardSupreme Court of South Carolina · 1941
- State v. FERGUSONSupreme Court of South Carolina · 1952
- Cornelison v. . HammondSupreme Court of North Carolina · 1945
- State v. LollisSupreme Court of South Carolina · 1920
11 more not listed; retrieve them via the Exa API.