Legal Opinion

State v. Prater

Supreme Court of South Carolina

Decided February 28, 1887PublishedCited by 4 opinions

Before Witherspoon, J., Orangeburg, May, 1886. The charge of the Circuit Judge upon the matters involved in this appeal was as follows: Now, gentlemen of the jury, what is the case submitted to you? The State charges the defendants, Jack Prater, Bill Gordon, and Titus Ferguson, with murder, in this: That Jack Prater on the 14th of July, 1885, last year, in this county, with malice aforethought, with a certain gun shot and killed one Andrew Jackson.

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Before Witherspoon, J., Orangeburg, May, 1886. The charge of the Circuit Judge upon the matters involved in this appeal was as follows: Now, gentlemen of the jury, what is the case submitted to you? The State charges the defendants, Jack Prater, Bill Gordon, and Titus Ferguson, with murder, in this: That Jack Prater on the 14th of July, 1885, last year, in this county, with malice aforethought, with a certain gun shot and killed one Andrew Jackson. That is the charge against Jack Prater which the State makes. The State further charges, in the same indictment, that the defendants, Bill Gordon…

1Opinion of the Court

The opinion of the court was delivered by

Mr. Justice McIver.

The appellant, with two others, Bill Gordon and. Titus Ferguson, was indicted for murder, the charge in the indictment being that appellant fired the gun, and that the other two parties were present aiding and abetting. The jury rendered a general verdict of guilty, with a recommendation of Gordon and Ferguson to the mercy of the court. A motion for new trial was submitted to the Circuit Judge who granted the motion as to Gordon and Ferguson, but refused it as to the appellant, who thereupon gave due notice of appeal upon several…

2Cited by4 opinions

  1. State v. SowellSupreme Court of South Carolina · 1910
  2. State v. DeanSupreme Court of Iowa · 1910
  3. Brown v. S. H. Kress & Co.Supreme Court of South Carolina · 1933
  4. Alston v. Black River Electric CooperativeCourt of Appeals of South Carolina · 2000

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