State v. Jones
Supreme Court of South Carolina
Before MemmingEr, J., Marlboro, Jesse Jones, being indicted for murder, and convicted of manslaughter, appeals. The facts are stated in the opinions.
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Before MemmingEr, J., Marlboro, Jesse Jones, being indicted for murder, and convicted of manslaughter, appeals. The facts are stated in the opinions. The charge of the trial Judge was as follows: Mr. Foreman and Gentlemen of the Jury: Under this indictment, gentlemen, and the statement of the solicitor that he asks only for a verdict of manslaughter, you will write either guilty of manslaughter, the punishment for which will be from two to thirty years, or you will write not guilty. Now, as to which of those verdicts you will write will depend on how you decide the question as to whether or…
1DissentJustice Hydrick
5 I think the evidence warranted an inference that the killing was unintentional and accidental; and, therefore, the trial Judge erred in refusing to instruct the jury, as requested.
“that the plea of accidental killing is not an affirmative defense, and, therefore, does not impose any burden of proof upon the defendant; and when such plea is made the State cannot ask for a conviction, unless it proves that the killing was done with criminal intent.” The refusal of the requested instruction, followed by the charge as to some phases of accidental killing, was clearly prejudicial. Upon that…
2Cases cited4 opinions
- State v. McDanielSupreme Court of South Carolina · 1904
- State v. LeeSupreme Court of South Carolina · 1900
- State v. FergusonSupreme Court of South Carolina · 1912
- State v. MorganSupreme Court of South Carolina · 1894