Legal Opinion

State v. Lemacks

Supreme Court of South Carolina

Decided September 8, 1914No. 8931Published

Before Bowman, J., Walterboro, November, 1913. The defendant, I. S. Remacks, being convicted of murder, appeals. The facts and exceptions are stated in the opinion.

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Before Bowman, J., Walterboro, November, 1913. The defendant, I. S. Remacks, being convicted of murder, appeals. The facts and exceptions are stated in the opinion. The charge as to the form of verdict was as follows : ' “If you find the prisoner guilty of murder and there are no extenuating circumstances you just say guilty and write your name under there with the word foreman, and that means that the defendant will suffer death in the electric chair, but if you find that even though you think he is guilty, something that makes you feel he ought not to suffer death, then say guilty of murder…

1Opinion of the Court

September 8, 1914. The following opinion was delivered by The defendant, I.S. Lemacks (generally called "Cap" Lemacks), was tried at the November term, 1913, of the Court of General Sessions for Colleton county, on an indictment charging him with the murder of Aquilla Blocker (commonly known as "Quillie" Blocker).

The jury rendered a verdict of guilty of murder, and he was sentenced to be electrocuted.

From said sentence he appealed to this Court on several exceptions, the first of which was as follows:(1) "The presiding Judge erred in not granting defendant's motion for a new trial, there…

2Cases cited2 opinions

  1. State v. HarmonSupreme Court of South Carolina · 1908
  2. State v. BundySupreme Court of South Carolina · 1886

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