State v. Shuman
Supreme Court of South Carolina
Before Prince, J., Hampton, February, 1916. J. K. Shuman, being convicted on manslaughter, appeals. Defendant’s first and second exceptions, referred to in the opinion, were as follows: (1) Because his Honor, the presiding Judge, erred in charging the jury as follows: “And you must be satisfied from the greater weight of the evidence that he did believe that it was necessary; that there was open to' him no other apparently reasonably safe way of saving himself.
Read the full summary
Before Prince, J., Hampton, February, 1916. J. K. Shuman, being convicted on manslaughter, appeals. Defendant’s first and second exceptions, referred to in the opinion, were as follows: (1) Because his Honor, the presiding Judge, erred in charging the jury as follows: “And you must be satisfied from the greater weight of the evidence that he did believe that it was necessary; that there was open to' him no other apparently reasonably safe way of saving himself. If he had proven all four of these propositions by the greater weight of the evidence, he has made good his plea of self-defense, and…
1Opinion of the Court
The opinion of the Court was .delivered by
Mr. Chief Justice Gary.
The defendant was convicted of manslaughter and sentenced to five years imprisonment. He appealed upon four exceptions, the first and second of which will be reported.
1 First Exception. The case of State v. Long, 93 S. C. 502, 77 S. E. 61, shows that this exception cannot be sustained.
2 Second Exception. In Phoenix Insurance Co. v. Moog, 81 Ala. 335, 1 South. 108, Mr. Chief Justice Stone, who delivered the opinion of the Court, thus quoted with approval from Green v. Telfair, 11 How. Prac. 260: “The Judge may * * * keep the jury…
2Cases cited4 opinions
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1886
- State v. KelleySupreme Court of South Carolina · 1896
- Green v. TelfairNew York Supreme Court · 1853
- State v. LongSupreme Court of South Carolina · 1913
3Cited by7 opinions
- State v. SimonSupreme Court of South Carolina · 1923
- Pueblo v. Rivera PadínSupreme Court of Puerto Rico · 1954
- Harper v. AbercrombieSupreme Court of South Carolina · 1921
- State v. AshleySupreme Court of South Carolina · 1922
- Fairey v. HaynesSupreme Court of South Carolina · 1917
2 more not listed; retrieve them via the Exa API.