State v. Levelle
Supreme Court of South Carolina
Before Aldrich, J., Charleston, This was an indictment against Napoleon Levelle, for the murder of Belle, his wife, on February 17, 1890. The judge charged the jury as follows : Ypu have been selected from the body of the County of Charleston, as good and true men, and impanelled in pursuance of the law as a jury, to pass upon the allegations contained in the indictment against the defendant at the bar, Napoleon Levelle, charged with the murder of Belle Levelle.
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Before Aldrich, J., Charleston, This was an indictment against Napoleon Levelle, for the murder of Belle, his wife, on February 17, 1890. The judge charged the jury as follows : Ypu have been selected from the body of the County of Charleston, as good and true men, and impanelled in pursuance of the law as a jury, to pass upon the allegations contained in the indictment against the defendant at the bar, Napoleon Levelle, charged with the murder of Belle Levelle. The case has been ably and learnedly argued. You heard much at the beginning of the case as to comments in the newspapers and…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice McIver.
The defendant was indicted for, and convicted of, the murder of his wife, and judgment having been entered on the verdict, he appeals upon the following grounds : “1st. Because his honor erred in charging the jury that ‘malice will also be inferred from the use of a deadly weapon,’ and that intent and malice are one and the same thing; when there is no presumption or inference of law, unless it is a natural and reasonable presumption from the facts proved. 2nd. Because the charge of his honor, ‘that no words, however cruel, and the…
2Cases cited3 opinions
- Parsons v. StateSupreme Court of Alabama · 1886
- State v. PagelsSupreme Court of Missouri · 1887
- Commonwealth v. MinkMassachusetts Supreme Judicial Court · 1877
3Cited by32 opinions
- Nicholson on Behalf of Gollott v. StateMississippi Supreme Court · 1996
- Wackwitz v. RoySupreme Court of Virginia · 1992
- State v. BelcherSupreme Court of South Carolina · 2009
- State v. GardnerSupreme Court of South Carolina · 1951
- Smith v. StateMississippi Supreme Court · 1909
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