State v. Evans
Supreme Court of South Carolina
Before DeVore, J., Lancaster, Fall term, 1917. Walter Evans and others were convicted of murder, and they appeal. submit: Where two or more persons are killed by one and the same act under one and the same impulse, only one crime is committed; and the slayer cannot be held to answer under more than one charge, but the indictment may charge the killing of two or more persons by the same act under one count: 10 Ency. P. &. P. 155; 42 Ind. 420; 7 Cold. (Tenn.) 508; 10 Enc.
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Before DeVore, J., Lancaster, Fall term, 1917. Walter Evans and others were convicted of murder, and they appeal. submit: Where two or more persons are killed by one and the same act under one and the same impulse, only one crime is committed; and the slayer cannot be held to answer under more than one charge, but the indictment may charge the killing of two or more persons by the same act under one count: 10 Ency. P. &. P. 155; 42 Ind. 420; 7 Cold. (Tenn.) 508; 10 Enc. P. & P. 155 (footnote 5.) The State has no right to stand aside a juror: Code of Laws, vol. Ill (1912), p. 236, paragraph…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Ci-iiee Justice Gary.
1 The defendants were indicted for the murder of Sidney Bailey. They were also indicted for the murder of Edgar Bailey. Before they were arraigned, their attorneys made a motion to join the indictments, on the ground that they arose out of one and the same difficulty, and that the deaths of Edgar Bailey and Sidney Bailey were the result of one and the same impulse. The motion was overruled, and this presents the first assignment of error.
It is only necessary to cite the following cases to show that such motions are addressed to…
2Cases cited4 opinions
- State v. AdamsSupreme Court of South Carolina · 1904
- State v. CarrollSupreme Court of South Carolina · 1889
- State v. BrownSupreme Court of South Carolina · 1918
- State v. WadeSupreme Court of South Carolina · 1913
3Cited by13 opinions
- State v. TaylorSupreme Court of South Carolina · 1998
- State v. DaySupreme Court of South Carolina · 2000
- State v. HinsonSupreme Court of South Carolina · 1970
- Keifer v. StateIndiana Supreme Court · 1927
- McCrary v. StateSupreme Court of South Carolina · 1967
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