State v. Norris

Ness, Justice:

This appeal is from a conviction of assault and battery of a high and aggravated nature. We affirm.

The sole issue is the priority of the judge’s charge to the jury. In his instructions on assault and battery of a high and aggravated nature, the judge noted several of the facts in the case such as the disparate weights and ages of the appellant and the victim. Appellant *553asserts this violated Article V, Section 17 of the South Carolina Constitution which prohibits a judge from charging juries on matters of fact. We disagree.

The constitutional provision was designed to preserve…