Legal Opinion · Dissent

State v. Danelly

Supreme Court of South Carolina

Decided May 14, 1921No. 10599Published

Before PeuriEoy* J., Orangeburg, January, 1920. Howard Danelly indicted for burglary and larceny. Upon conviction the defendant appeals. cites: Confession should have been rejected as manacled condition was sufficient to produce fear, and advice of officer that “it would pay a man best to tell the truth” was sufficient to give hope of reward: 99 S.'C. 505; 51 Mich. 612; 49 Cal. 344; 159 Cal. 6; 61 Wash. 125; 36 S. C. 524; 168 U. S. 532; 8 Ann. Cas. 1184; Greenleaf Evid.

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Before PeuriEoy* J., Orangeburg, January, 1920. Howard Danelly indicted for burglary and larceny. Upon conviction the defendant appeals. cites: Confession should have been rejected as manacled condition was sufficient to produce fear, and advice of officer that “it would pay a man best to tell the truth” was sufficient to give hope of reward: 99 S.'C. 505; 51 Mich. 612; 49 Cal. 344; 159 Cal. 6; 61 Wash. 125; 36 S. C. 524; 168 U. S. 532; 8 Ann. Cas. 1184; Greenleaf Evid. (5th Ed.) Vol. 1, Secs. 219-22. Judge erred in charging the jury that an alibi is a rogue’s defense: 149 Mo. 391; 11 Am.…

1Dissent

Mr. ChiEE Justice Gary

(dissenting in part) : I concur in the opinion of Mr. Justice Cothran as to all the exceptions, except the fourth, which assigns error in the charge as to the defense of alibi, upon which the defendant relied.

That exception is as follows:

“His Honor erred in charging the jury, as follows: ‘An alibi has been said to be a rogue’s defense.’ ”

His Honor, the presiding Judge, thus charged the jury:

“The defendant here not only enters the plea of not guilty, but he also enters what is known in law as the defense of alibi; that is, he was elsewhere. An alibi has been said to be a…

2Cases cited7 opinions

  1. Norris v. ClinkscalesSupreme Court of South Carolina · 1896
  2. Edgefield Mfg. Co. v. Maryland Casualty Co.Supreme Court of South Carolina · 1907
  3. Dennis v. Columbia Electric Street Railway, Light & Power Co.Supreme Court of South Carolina · 1912
  4. Vann v. HowleSupreme Court of South Carolina · 1895
  5. State v. AdamsSupreme Court of South Carolina · 1915

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