Legal Opinion

State v. Tapp

Supreme Court of South Carolina

Decided June 27, 1916No. 9400PublishedCited by 7 opinions

Before MemmingER, J., Greenville, October, 1915. Charles Tapp and John Pruitt were convicted of manslaughter, and Lizzie Pruitt as accessory after the fact, and they appeal. The charge directed reported is as follows: “Now, to say that you men cannot decide a point, and not be absolutely satisfied upon it on circumstantial evidence, is absolute folly.

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Before MemmingER, J., Greenville, October, 1915. Charles Tapp and John Pruitt were convicted of manslaughter, and Lizzie Pruitt as accessory after the fact, and they appeal. The charge directed reported is as follows: “Now, to say that you men cannot decide a point, and not be absolutely satisfied upon it on circumstantial evidence, is absolute folly. There is a case, which was tried over here in Oconee county, where the man claimed that he woke up at night and heard a noise down in his cattle yard, and that he got up and went down there to see what was the matter, and that while he was out…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Hydrick.

The defendants, Charles Tapp, John Pruitt, and Lizzie Pruitt, were indicted for the murder of Minnie England— the two first named as principals, the third as accessory before and after the fact. The verdict was: “Charles Tapp and John Pruitt guilty of manslaughter; Lizzie Pruitt guilty as accessory after the fact manslaughter.”

The defendants and deceased lived together in the country in the home of Lizzie Pruitt. About 4 o’clock in the morning of October 5 or 6, 1915, John Pruitt aroused some of the neighbors, and told them that…

2Cases cited2 opinions

  1. State v. BurbageSupreme Court of South Carolina · 1898
  2. State v. PriceSupreme Court of South Carolina · 1916

3Cited by7 opinions

  1. State v. McClurgIdaho Supreme Court · 1931
  2. State v. HesterSupreme Court of South Carolina · 1926
  3. Moore v. StateCourt of Appeals of Georgia · 1956
  4. State v. PetitSupreme Court of South Carolina · 1928
  5. Pruett v. CommonwealthCourt of Appeals of Kentucky · 1923

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