State v. Kilgore
Supreme Court of South Carolina
Before Memminger, T., Greenville, Fall term, 1915. Jesse Kilgore was convicted of assault and battery with intent to kill, and he appeals. The following are defendant’s exceptions: (1) That the presiding Judge erred in intimating his. opinion as to the weight and sufficiency of the evidence constituting the defense of self-defense, offered by the defendant, in that the presiding Judge spoke slightingly and sneeringly of “this same old self-defense.”
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Before Memminger, T., Greenville, Fall term, 1915. Jesse Kilgore was convicted of assault and battery with intent to kill, and he appeals. The following are defendant’s exceptions: (1) That the presiding Judge erred in intimating his. opinion as to the weight and sufficiency of the evidence constituting the defense of self-defense, offered by the defendant, in that the presiding Judge spoke slightingly and sneeringly of “this same old self-defense.” (2) That the presiding Judge erred in charging upon the facts, and in telling the jury that the law of self-defense is a hard rule to apply,…
1DissentJustice Fraser
I dissent. I think that his Honor erred when he said to the jury:.“And it is so often a mistaken idea as to this necessity that people go to work and shoot and kill others and come into Court and set up self-defense and seek to get juries to let them off, when really the facts do not make" out any case of necessity.”
In the case of the State v. Price, 103 S. C. 280, 88 S. E. 295, this Court said:
“We desire tosay in this connection that in the trial of a case of this sort it is unsafe, if not a dangerous thing, to-tell a jury what another jury in another county, in another case, has done.”
It…
2Cases cited1 opinion
- State v. PriceSupreme Court of South Carolina · 1916