State v. Thrailkill
Supreme Court of South Carolina
Before Watts, J., Saluda, Indictment against Morgan Thrailkill for murder. From sentence, defendant appeals. The former cite: State must prove every element of case beyond reasonable doubt: 11 Cyc., 379, 381; 30 S, C., 132; 40 S. C., 349; 11 L,. R. A., 602. Not necessary for defendant to show tliere zms no other means of escape: 59 S. C., 305; 40 S. C., 349; note to Crim.
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Before Watts, J., Saluda, Indictment against Morgan Thrailkill for murder. From sentence, defendant appeals. The former cite: State must prove every element of case beyond reasonable doubt: 11 Cyc., 379, 381; 30 S, C., 132; 40 S. C., 349; 11 L,. R. A., 602. Not necessary for defendant to show tliere zms no other means of escape: 59 S. C., 305; 40 S. C., 349; note to Crim. Code, 262. cites: If evidence be admitted on promise to show its relevmcy later, •and it is not shown, it should be ruled out: 1 Green. Ev., secs. 52, 52a. Evidence as to transactions and statements of others than…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
The defendant, Morgan W. Thrailkill, shot and killed Benjamin Burton on 27th day of April, 1904, at the town of Monetta, in Saluda County. On his trial he set up’ the plea of self-defense. He was convicted of murder with a recommendation to mercy and was sentenced to- life imprisonment. The following brief statement of facts indicating the main issues made at the trial will be sufficient for an understanding of the questions involved in the appeal. On the morning of April 27, 1904, the defendant and his son, Clarence Thrailkill, drove…
2Cases cited4 opinions
- State v. DillSupreme Court of South Carolina · 1897
- State v. MarchbanksSupreme Court of South Carolina · 1901
- State v. SullivanSupreme Court of South Carolina · 1895
- State v. WhittleSupreme Court of South Carolina · 1901
3Cited by22 opinions
- Latimer v. General Electric Co.Supreme Court of South Carolina · 1908
- Frank v. United StatesCourt of Appeals for the Ninth Circuit · 1930
- State v. DurantSupreme Court of South Carolina · 1911
- State v. DriggersSupreme Court of South Carolina · 1910
- State v. ChastainSupreme Court of South Carolina · 1910
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