State v. Chastain
Supreme Court of South Carolina
Before DantzeER, J., Greenville, May term, 1909. Indictment against Robert Chastain for murder, defendant appeals from sentence. cites: One may strike in defense of another in serious danger: 2 Hill, 623. An element of self-defense is that one dangerously assaulted need not retreat: 71 S. C., 145; 73 S. C., 260; 29 S. C., 44, 202; 32 S. C., 30, 32 S. E., 772. No malice or anger here: 2 Hill, 619; 10 Rich., 341; 28 S. C., 29, 32 S. E., 772. Oral argument.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
Under an indictment charging the defendant with murder, the jury rendered a verdict of manslaughter, and he was sentenced to imprisonment in the penitentiary for a term of eight years.
The defendant made a motion for a new trial, upon grounds hereinafter set out in his exceptions, which was refused.
He then appealed upon the following exceptions:
I. “The presiding Judge erred in refusing defendant’s motion for a new trial. Specifications: (a) Verdict was clearly against the weight of the testimony, (b) Jury disregarded charge, that…
2Cases cited9 opinions
- State v. McDanielSupreme Court of South Carolina · 1904
- State v. AdamsSupreme Court of South Carolina · 1904
- Deberry v. YoungTennessee Supreme Court · 1851
- State v. ThrailkillSupreme Court of South Carolina · 1905
- Jennings v. Edgefield Mfg. Co.Supreme Court of South Carolina · 1905
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. LongSupreme Court of South Carolina · 1913
- State v. HillSupreme Court of South Carolina · 1924
- State v. RouseSupreme Court of South Carolina · 1926
- Bennett v. Columbia Electric Street Railway, Light & Power Co.Supreme Court of South Carolina · 1912
- State v. PrimesSupreme Court of South Carolina · 1953
5 more not listed; retrieve them via the Exa API.