State v. McPhail
Supreme Court of South Carolina
Before Witson, J., Bamberg, Fall term, 1919. W. I/. McPhail indicted for murder.. Upon conviction for manslaughter, the defendant appeals. The following are the exceptions which are directed to be reported: (1) Because his Honor erred in permitting the prosecuting witness, Mrs. Walker (now Msrs.
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Before Witson, J., Bamberg, Fall term, 1919. W. I/. McPhail indicted for murder.. Upon conviction for manslaughter, the defendant appeals. The following are the exceptions which are directed to be reported: (1) Because his Honor erred in permitting the prosecuting witness, Mrs. Walker (now Msrs. Hayes), to testify as to the alleged conversation in the express office at Midway between the defendant and the. deceased, about three weeks or a month before the homicide, in which the defendant was sought to be connected with a shipment' of a certain whiskey, and wherein it is alleged the defendant…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Gary.
The defendant was indicted for the murder of PI. W. Walker, and the jury found him guilty of manslaughter, whereupon he appealed on numerous exceptions, which will be reported.
1 The question whether testimony is relevant must rest necessarily, in large measure, within the discretion of the presiding Judge, and his ruling is not the subject of appeal, unless there has been an erroneous exercise of his discretion. McCrary v. Railway, 83 S. C. 103, 65 S. E. 3, 18 Ann. Cas, 840.
2 It is incumbent on the appellant to satisfy this Court…
2Cases cited2 opinions
- State v. SullivanSupreme Court of South Carolina · 1895
- McCrary v. Southern Ry.Supreme Court of South Carolina · 1909
3Cited by7 opinions
- State v. SmithSupreme Court of South Carolina · 1956
- State v. BrockSupreme Court of South Carolina · 1925
- Mann v. Seaboard Air Line R. Co.Supreme Court of South Carolina · 1926
- State v. HomewoodSupreme Court of South Carolina · 1962
- State v. MurphySupreme Court of South Carolina · 1949
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