Legal Opinion

State v. Way

Supreme Court of South Carolina

Decided February 9, 1907PublishedCited by 10 opinions

Before Gary, J., Orangeburg, September. 1906. Indictment against Jefferson W. Way for murder of John D. Palmer. Defendant appeals. cite: Evidence excluded was admissible as part of res gestae: 34 Ency., 676-7; 13 S. C., 459; 47 S. C., 13. Error to< charge the plea of self-defense must be established by preponderance of evidence without further limitation: 39 S. C., 4; 68 S. C., 317; 5 Ency., 33, 39. cites: Self-serving declarations are never admissible: 41 S. C., 530. _ What…

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Before Gary, J., Orangeburg, September. 1906. Indictment against Jefferson W. Way for murder of John D. Palmer. Defendant appeals. cite: Evidence excluded was admissible as part of res gestae: 34 Ency., 676-7; 13 S. C., 459; 47 S. C., 13. Error to< charge the plea of self-defense must be established by preponderance of evidence without further limitation: 39 S. C., 4; 68 S. C., 317; 5 Ency., 33, 39. cites: Self-serving declarations are never admissible: 41 S. C., 530. _ What is necessary to make out plea of self-defense: 59 S. C., 397; 71 S. C., 146; 38 S. C., 333.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Jones.

The defendant was indicted and tried at September Term, 1906, of General Sessions for Orangeburg County, for the murder of John D. Palmer at Orangeburg, S. C., on July 9th, 1906, and the jury found him guilty with a recommendation to mercy, whereupon he was sentenced to life imprisonment in the penitentiary.

The first question presented by his appeal to this Court, raised by the first, second and third exceptions, is whether the Court erred in excluding certain testimony offered by the defense through its witness, E. O: Hoover. This…

2Cases cited3 opinions

  1. State v. McDanielSupreme Court of South Carolina · 1904
  2. Kean v. LandrumSupreme Court of South Carolina · 1905
  3. State v. WaySupreme Court of South Carolina · 1893

3Cited by10 opinions

  1. State v. PittmanSupreme Court of South Carolina · 1926
  2. State v. StockmanSupreme Court of South Carolina · 1909
  3. State v. DriggersSupreme Court of South Carolina · 1910
  4. State v. BolinSupreme Court of South Carolina · 1935
  5. State v. LongSupreme Court of South Carolina · 1913

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