State v. Davis
Supreme Court of South Carolina
Before Watts, J., Fairfield, September, 1896. Indictment against Henry Davis, for murder of James E. Súber. At the beginning of the argument for the defense, the counsel for defendant read sections 1 and 2 of Criminal Code, and requested the Court to charge the law as there laid down in regard to the right, power, and authority of private citizens to arrest without a warrant.
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Before Watts, J., Fairfield, September, 1896. Indictment against Henry Davis, for murder of James E. Súber. At the beginning of the argument for the defense, the counsel for defendant read sections 1 and 2 of Criminal Code, and requested the Court to charge the law as there laid down in regard to the right, power, and authority of private citizens to arrest without a warrant. The Judge instructed the jury as follows: The defendant, Henry Davis, here, is charged by the State of South Carolina with murder, the highest offense known to our law- — -that is, the State of South Carolina charges…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
The appellant, under an indictment charging him with the murder of James E. Súber, was found guilty and sentenced to be hanged. His grounds of appeal relate wholly to the charge of the Circuit Judge. The charge and the exceptions thereto appear in the official report. A general summary of the facts which the testimony offered by the State tended to prove may make more clear the questions involved.
The deceased, James E. Súber, kept a store at Ryles *420Ford, in Fairfield County. About 7 o’clock P. M., August 10th, 1896, defendant was in…
2Cases cited3 opinions
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- Davis v. PeopleIllinois Supreme Court · 1885
- People v. FreelandCalifornia Supreme Court · 1856
3Cited by21 opinions
- Johnson v. StateWisconsin Supreme Court · 1906
- State v. GardnerSupreme Court of South Carolina · 1951
- State v. LocklairSupreme Court of South Carolina · 2000
- State v. ByrdSupreme Court of South Carolina · 1996
- State v. NorrisSupreme Court of South Carolina · 1969
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