Legal Opinion

State v. Jackson

Supreme Court of South Carolina

Decided June 28, 1892PublishedCited by 8 opinions

Eefore Kershaw, J., Orangeburg, January, 1892. This was an indictment against Toby Jackson for the murder of Nelson Hook in December, 1890. The charge of the Circuit Judge, omitting legal definitions and instructions not excepted to, was as follows: I have described to you now the legal character 'of homicide, and you are to determine from the facts of this case what was the nature of that killing. What class of homicide does it fall under.

Read the full summary

Eefore Kershaw, J., Orangeburg, January, 1892. This was an indictment against Toby Jackson for the murder of Nelson Hook in December, 1890. The charge of the Circuit Judge, omitting legal definitions and instructions not excepted to, was as follows: I have described to you now the legal character 'of homicide, and you are to determine from the facts of this case what was the nature of that killing. What class of homicide does it fall under. The testimony in this case tends to show that this man Hook was killed on the occasion referred to, and that he was killed by Toby Jackson, and there are…

1Opinion of the Court

The opinion of the court was delivered by

Mr. Chief Justice McIver.

The defendant was indicted for, and convicted of, the crime of murder, in taking the life of *490one Nelson Kook. So far as we can perceive from the evidence set out in the “Case” there was not a shadow of testimony tending to show any excuse or provocation for firing the fatal shot which resulted in the instant death of the deceased ; and the only disputed question of fact was whether the defendant was the guilty party. Several witnesses testified positively and distinctly that the defendant fired the gun, and there was also…

2Cited by8 opinions

  1. State v. BelcherSupreme Court of South Carolina · 2009
  2. Theodore Griffin v. George N. Martin, Iii, Warden Attorney General of the State of S. C.Court of Appeals for the Fourth Circuit · 1986
  3. State v. DeschampsSupreme Court of South Carolina · 1926
  4. Lewis v. CooleySupreme Court of South Carolina · 1908
  5. State v. StokesSupreme Court of South Carolina · 1925

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API