State v. Long
Supreme Court of South Carolina
Before SeasE, J., Greenwood, .Indictment against Geo. W. Long. Defendant appealed on the following exceptions : 1. “Because the Circuit Judge erred in allowing the witness, Dr. Kennedy, to testify that Luther Mullinax, the deceased, told the witness at Augusta, several hours after he was shot, ‘If the thing carries me off, they were after me — -not my negroes.’ It being respectfully submitted that such a statement was not in any sense a dying declaration — that it was…
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Before SeasE, J., Greenwood, .Indictment against Geo. W. Long. Defendant appealed on the following exceptions : 1. “Because the Circuit Judge erred in allowing the witness, Dr. Kennedy, to testify that Luther Mullinax, the deceased, told the witness at Augusta, several hours after he was shot, ‘If the thing carries me off, they were after me — -not my negroes.’ It being respectfully submitted that such a statement was not in any sense a dying declaration — that it was calculated to prejudice his case before the jury in that it sought to connect and hold the defendant responsible for the…
1ConcurrenceJustice Hydrick
I concur in the opinion -of Mr. Justice Watts, except in the conclusion that there was reversible error in -the charge on the subject of the reasonable doubt.
4 In the first part o-f his charge, after defining murder, the Circuit Judge said: “The State is called upon to prove beyond a reasonable dio-ubt the material allegations of an indictment, before- a verdict of guilty o-f murder can be written.” Again, when he came to charge on the burden of proof, he said: “The State is called upon to prove the- guilt of the defendant at the bar beyond all reasonable doubt.” He then charged that the…
2Cases cited23 opinions
- State v. AdamsSupreme Court of South Carolina · 1904
- Deberry v. YoungTennessee Supreme Court · 1851
- Youngblood v. South Carolina & Georgia R. R.Supreme Court of South Carolina · 1901
- State v. BodieSupreme Court of South Carolina · 1890
- State v. ThrailkillSupreme Court of South Carolina · 1905
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