State v. Gillis
Supreme Court of South Carolina
Before Ardrich, J., Barnwell, Summer Term, 1905. Indictment against D. A. Gillis for murder of Nellie Galphin. From sentence on verdict of manslaughter, defendant appeals. cites: 40 S. C., 362; 1 Bish. Cr. E., secs. 1004, 1056; Whart. Cr. PI. and Proc., sec. 465; 29 S. E., 527; 11 Eincy., 1 ed., 939, 940, and cases cited in notes. cites: 1 Bish. Cr. E., 5 ed., secs. 995, 805-6, 117, 996, 118; Walker’s Am.
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Before Ardrich, J., Barnwell, Summer Term, 1905. Indictment against D. A. Gillis for murder of Nellie Galphin. From sentence on verdict of manslaughter, defendant appeals. cites: 40 S. C., 362; 1 Bish. Cr. E., secs. 1004, 1056; Whart. Cr. PI. and Proc., sec. 465; 29 S. E., 527; 11 Eincy., 1 ed., 939, 940, and cases cited in notes. cites: 1 Bish. Cr. E., 5 ed., secs. 995, 805-6, 117, 996, 118; Walker’s Am. E., 690; 8 Kan., 242; 48 Ind., 551; 1 Blackf., 37; 1 Parker C. C., 625; 1 Wal: J. R., 127; 57 Fed. R., 581; 8 Rob., 587; 17 la., 329; 97 U. S., 521; 14 Ency. P. and P., 992, note 5.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
The appellant was indicted and tried for the murder of Nellie Galphin and was convicted of manslaughter. Upon his own motion a new trial was granted by the Court of General Sessions. Thereafter the defendant was again put upon his trial under the same indictment and entered a special plea, that having been already tried upon an indictment for murder and found guilty of manslaughter, he was thereby acquitted of murder and could .only, if at all, be tried for manslaughter. . The trial Court sustained the State’s demurrer to the plea and…
2Cases cited12 opinions
- People v. . PalmerNew York Court of Appeals · 1888
- People v. KeeferCalifornia Supreme Court · 1884
- State v. CrossWest Virginia Supreme Court · 1898
- Veatch v. StateIndiana Supreme Court · 1878
- Bohanan v. StateNebraska Supreme Court · 1885
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3Cited by23 opinions
- Ashby v. StateTennessee Supreme Court · 1911
- State v. EpesSupreme Court of South Carolina · 1946
- State v. SteadmanSupreme Court of South Carolina · 1950
- State v. AshWashington Supreme Court · 1912
- Brantley v. StateSupreme Court of Georgia · 1909
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