Legal Opinion

State v. Badgett

Supreme Court of South Carolina

Decided February 23, 1911PublishedCited by 10 opinions

Before DeVore, J., Spartanburg, November, 1909. Indictment against Tom Badgett for murder of Brezina Súber. Defendant appeals. No citations. cites: Defendant is responsible for a death caused by his negligence: 58 S. C. 218; 92 Am. Dec. 417; Whar. on Horn. sec. 458; 1 Cok C. C. 97; 3 Id. 439; 2 Id. 141; 12 Id. 355; 125 Ill. 584.

1Opinion of the Court

The opinion-of the Court was delivered by

Mr. Chief Justice Jones.

Under an indictment for the murder of Brezina Súber defendant ivas found guilty of manslaughter and sentenced 'to ten years at hard labor in the penitentiary.

The testimony tended to show that late in the evening of November 5, 1909, in Spartanburg county, defendant went to the house of Kate Hunter with whom her daughter Hattie Drummond lived and met the deceased there. Defendant was intoxicated and had a pistol in his hand, passed the deceased at or near the door, and after entering the house and asking “who is in here,” began…

2Cases cited2 opinions

  1. Barfield v. Coker & Co.Supreme Court of South Carolina · 1906
  2. State v. GilliamSupreme Court of South Carolina · 1903

3Cited by10 opinions

  1. Commonwealth v. AlmeidaSupreme Court of Pennsylvania · 1949
  2. State v. LeopoldSupreme Court of Connecticut · 1929
  3. State v. GandySupreme Court of South Carolina · 1984
  4. People v. HarrisonCalifornia Court of Appeal · 1959
  5. State v. BarnettSupreme Court of South Carolina · 1951

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