Legal Opinion

State v. Foster

Supreme Court of South Carolina

Decided June 27, 1903PublishedCited by 12 opinions

Indictment against Julius Foster for murder. From sentence on verdict of guilty, with recommendation to mercy, defendant appeals.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Jones.

The defendant, upon an indictment for the murder of Lewis White, was found guilty, with recommendation to mercy, and sentenced to the penitentiary for life, from which judgment he now appeals upon exceptions to the charge to the jury, all other exceptions having been abandoned.

1 1. The fifth, sixth and seventh exceptions relate to the charge as to self-defense. We quote the whole charge upon this subject as follows: “Self-defense is based upon the law of necessity. A person who sets it up must not have been guilty of any wrong' in…

2Cases cited3 opinions

  1. State v. DavisSupreme Court of South Carolina · 1897
  2. State v. JonesSupreme Court of South Carolina · 1888
  3. State v. TurnerSupreme Court of South Carolina · 1888

3Cited by12 opinions

  1. State v. BelcherSupreme Court of South Carolina · 2009
  2. State v. RodriguezNew Mexico Supreme Court · 1917
  3. Ronald Francis Smart v. William D. Leeke, Commissioner, South Carolina Department of Corrections Attorney General of South CarolinaCourt of Appeals for the Fourth Circuit · 1989
  4. Smart v. LeekeDistrict Court, D. South Carolina · 1987
  5. State v. HamptonSupreme Court of South Carolina · 1908

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