Legal Opinion · Dissent

State v. Hough

Supreme Court of South Carolina

Decided March 28, 1914No. 8774Published

Before SeasE, J., Conviction on indictment for murder. The opinion states the case. Statute only provides for recharge on law applicable to case, on jury’s return into Court, without having agreed: 1 Code of Laws, S. C., 1913, 4050; 1 Heisk. (Tenn.) 202. Reasonable doubt: 37 S. E. 690; 72 Miss. 95; 16 So. 202. Propriety of additional charge: 87 S. C. 331; 74 S. C. 142; 86 S. C. 48. Reasonable doubt: 75 S. C. 481.

1DissentJustice Fraser

I dissent. See State v. Angel, 93 S. C. 155, 76 S. E. 195: “It is not what the jury thinks or what may be their impression unless they are convinced.”

This was the last statement and at the most effective time and substituted belief for conviction.

Mr. Justice Gage did not sit.

2Cases cited1 opinion

  1. Wells v. HaysSupreme Court of South Carolina · 1912