Legal Opinion

State v. Gilbert

Supreme Court of South Carolina

Decided July 12, 1917No. 5752PublishedCited by 17 opinions

Before Wieson, J., Bishopville, J. Ellis Gilbert and others were convicted of assault and battery, and appeal. submits: Evidence not reviewable on appeal: 65 S. C. 510; 68 S. C. 53 and 119. Common design of defendants: 1 Brev. 310. Charge: 79 S. C. 97. cites: As to aiding and abetting: 97 S. C. 442 ; 94 S. C. 26; 51 L. R. A. (N. S.) 718. Cross-examination: 98 S. C. 182. Sentence: Crim.

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Before Wieson, J., Bishopville, J. Ellis Gilbert and others were convicted of assault and battery, and appeal. submits: Evidence not reviewable on appeal: 65 S. C. 510; 68 S. C. 53 and 119. Common design of defendants: 1 Brev. 310. Charge: 79 S. C. 97. cites: As to aiding and abetting: 97 S. C. 442 ; 94 S. C. 26; 51 L. R. A. (N. S.) 718. Cross-examination: 98 S. C. 182. Sentence: Crim. Code, sec. 105; 58 S. C. 436; 68 S. C. 196; 88 S. C. 229; 86 S. C. 370. Charge' not on facts: 86 S. C. 49 and 377; 82 S. C. 144; 49 S. C. 296; 88 S. C. 164; 94 S. C. 29; 98 S. C. 338; 58 S. C. 379; 65 S. C.…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Watts.

The defendants-appellants were tried and convicted of an assault and battery of a high and aggravated nature upon the person of Miss Emily Broadway, before Judge AVilson and a jury, at the June term of the Court, 1916, for Lee county. At the close of the State’s testimony and at the close of all the testimony a motion was made for a verdict of acquittal as to Rawton Gilbert and Lawton Gilbert upon the ground that there was not sufficient evidence upon which to base a conviction as to them. This motion was refused. After conviction a…

2Cited by17 opinions

  1. Joseph Carl Shaw v. Joseph R. Martin, Warden, Central Correctional Institution, and Hon. Daniel R. McLeod Attorney General for South CarolinaCourt of Appeals for the Fourth Circuit · 1984
  2. State v. LeonardSupreme Court of South Carolina · 1987
  3. State v. CollinsSupreme Court of South Carolina · 1976
  4. State v. WilliamsSupreme Court of South Carolina · 1938
  5. State v. ChavisSupreme Court of South Carolina · 1982

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