Legal Opinion

State v. Barwick

Supreme Court of South Carolina

Decided July 5, 1911No. 7941PublishedCited by 3 opinions

Before SpASE, ]., Sumter, October, 1909. Indictment against Robt. M. Barwick. Defendant appeals. cite: Defendant should not be required to furnish testimony against himself: 32 S. C. 402. Reasonable doubt: 76 S. C. 94; 72 S. C. 223. cites: Defendant may be treated as any other witness: 26 S. C. 117; 34 S. C. 576; 32 S. C. 392. Self-defense: 66 S. C. 449. Legal provocation: 65 S. C. 174. Force an officer may use in making an arrest: Hughes Cr. L., sec. 2654; 2 Bish. Cr.

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Before SpASE, ]., Sumter, October, 1909. Indictment against Robt. M. Barwick. Defendant appeals. cite: Defendant should not be required to furnish testimony against himself: 32 S. C. 402. Reasonable doubt: 76 S. C. 94; 72 S. C. 223. cites: Defendant may be treated as any other witness: 26 S. C. 117; 34 S. C. 576; 32 S. C. 392. Self-defense: 66 S. C. 449. Legal provocation: 65 S. C. 174. Force an officer may use in making an arrest: Hughes Cr. L., sec. 2654; 2 Bish. Cr. L., sec. 648. State’s case did not rest on circumstantial evidence, and hence it zvas not error to fail to instruct as to…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice Jones.

The defendant in October, 1908, was policeman of the town of Pinewood, in Clarendon county, and on the arrival of the Saturday night, train from Sumter was opening a way through the crowd for some lady passengers, when Thomas Singleton, according to defendant’s version, declared he would stand back for no damn man, whereupon defendant seized Singleton to arrest him for cursing and refusing to open the way. Singleton broke loose and ran and the defendant pursued, firing his pistol towards him several times. The deceased, Sam…

2Cases cited5 opinions

  1. State v. RowellSupreme Court of South Carolina · 1906
  2. State v. WilliamsonSupreme Court of South Carolina · 1903
  3. State v. AndrewsSupreme Court of South Carolina · 1906
  4. Feder v. HagerWest Virginia Supreme Court · 1908
  5. State v. StukesSupreme Court of South Carolina · 1906

3Cited by3 opinions

  1. State v. LordNew Mexico Supreme Court · 1938
  2. Sandel v. StateSupreme Court of South Carolina · 1920
  3. State v. OutenSupreme Court of South Carolina · 1961

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