Legal Opinion

State v. Chastain

Supreme Court of South Carolina

Decided February 23, 1910No. 7451PublishedCited by 10 opinions

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

  1. State v. McDanielSupreme Court of South Carolina · 1904
  2. State v. AdamsSupreme Court of South Carolina · 1904
  3. Deberry v. YoungTennessee Supreme Court · 1851
  4. State v. ThrailkillSupreme Court of South Carolina · 1905
  5. Jennings v. Edgefield Mfg. Co.Supreme Court of South Carolina · 1905

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3Cited by10 opinions

  1. State v. LongSupreme Court of South Carolina · 1913
  2. State v. HillSupreme Court of South Carolina · 1924
  3. State v. RouseSupreme Court of South Carolina · 1926
  4. Bennett v. Columbia Electric Street Railway, Light & Power Co.Supreme Court of South Carolina · 1912
  5. State v. PrimesSupreme Court of South Carolina · 1953

5 more not listed; retrieve them via the Exa API.

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