Legal Opinion

State v. Banister

Supreme Court of South Carolina

Decided February 16, 1892PublishedCited by 15 opinions

The Circuit Judge, after defining to the jury in his charge murder, manslaughter, and self defence as general propositions, continued as follows: Now, let us consider some of the aspects of the case you are trying in connection with the principle that I have submitted to you. In the first place, the defendant says that he did not kill Sam Banister. That is a question of fact for you to settle.

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The Circuit Judge, after defining to the jury in his charge murder, manslaughter, and self defence as general propositions, continued as follows: Now, let us consider some of the aspects of the case you are trying in connection with the principle that I have submitted to you. In the first place, the defendant says that he did not kill Sam Banister. That is a question of fact for you to settle. If you are satisfied beyond a reasonable doubt that he did kill him, why, you go a step further and inquire whether it was maliciously done — whether it was done with an evil intent. Of course, if yo,u…

1Opinion of the Court

The opinion of the court was delivered by

Mr. Chiee Justice McIver.

Under an indictment for the murder of Sam Banister, the defendant was convicted of man*294slaughter, and from the judgment rendered on the verdict he appeals on the several grounds set out in the record.

The first four grounds impute error to the Circuit Judge in his rulings as to the admissibility of certain testimony offered as dying declarations of the deceased, the third and fourth grounds being the ones principally relied upon as showing such error. It appears that the deceased was shot on Thursday afternoon, the 24th of…

2Cited by15 opinions

  1. State v. ReedSupreme Court of Kansas · 1894
  2. State v. PhillipsSupreme Court of Iowa · 1902
  3. State v. DorisOregon Supreme Court · 1908
  4. State v. FranklinSupreme Court of South Carolina · 1908
  5. State v. GallmanSupreme Court of South Carolina · 1908

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