Legal Opinion

State v. Robertson

Supreme Court of South Carolina

Decided January 3, 1899PublishedCited by 29 opinions

Before Gary, J., Greenville, spring term, 1897. Indictment against W. W. Robertson for murder. Defendant convicted of manslaughter and appeals. Malice cannot be presumed from the fact that the encounter arose out of the misconduct of the defendant: 57 Am. St. R., 337; 30 L. R. A., 407; 46 Am. St. R., 259; 60 lb., 17; 28 lb., 944; 28 Tex., 584; 134 111., no. Motion for new trial on ground of disqualiñed juror not too late: 1 Bay, 373; 36 Am. Dec., 527; 21 Am.

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Before Gary, J., Greenville, spring term, 1897. Indictment against W. W. Robertson for murder. Defendant convicted of manslaughter and appeals. Malice cannot be presumed from the fact that the encounter arose out of the misconduct of the defendant: 57 Am. St. R., 337; 30 L. R. A., 407; 46 Am. St. R., 259; 60 lb., 17; 28 lb., 944; 28 Tex., 584; 134 111., no. Motion for new trial on ground of disqualiñed juror not too late: 1 Bay, 373; 36 Am. Dec., 527; 21 Am. Dec., 122; 16 Con., 555; 4 Sneed, 340; 3 Stev., 1, 308; 9 Am. Dec., 79; 7 Port., 187; 20 Kan., 57; 13 N. H., 491; 23 Gratt,. 919; 11…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice McIver.

The defendant was indicted for murder, and was convicted of manslaughter with a recommendation to mercy, and from the judgment rendered upon such verdict, the defendant appeals upon the following grounds: 1st. “That his Honor, the presiding *149Judge erred in charging the jury as follows: ‘Now, when the killing is in a quarrel and encounter, if the facts show that it arose out of the misconduct of the defendant, the law says that malice on the part of the defendant is inferred.’ ” 2d. “That the presiding Judge erred in not granting…

2Cited by29 opinions

  1. State v. FullerSupreme Court of South Carolina · 1956
  2. State v. JohnsonSupreme Court of South Carolina · 1966
  3. State v. MeehanSupreme Court of South Carolina · 1931
  4. State v. LangfordSupreme Court of South Carolina · 1906
  5. Spencer v. KirbySupreme Court of South Carolina · 1959

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