State v. Green
Supreme Court of South Carolina
Before PsuriRoy, J., Dorchester, March, 1920. J. A. Green indicted for murder and upon conviction of manslaughter appeals. The appellant was indicted for the murder of one J. W. Mizzell, through the instrumentality of a trap or spring gun. The jury found him guilty of manslaughter, and he was sentenced to two years’ imprisonment, whereupon he appealed to this Court.
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Before PsuriRoy, J., Dorchester, March, 1920. J. A. Green indicted for murder and upon conviction of manslaughter appeals. The appellant was indicted for the murder of one J. W. Mizzell, through the instrumentality of a trap or spring gun. The jury found him guilty of manslaughter, and he was sentenced to two years’ imprisonment, whereupon he appealed to this Court. W. B. Mizzell, a brother of the deceased, testified that he and his brother, the deceased, had been on a visit to a neighbor’s house on Sunday afternoon, the 4th of January, 1920, which house was located some distance from the old…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Ci-iiEE Justice Gary.
We desire to call special attention to these facts:
The deceased was unarmed when he entered, the dwelling and broke the locks, ITe knew the house was vacant, and that he would not encounter the defendant, or any other human being. The fact that the greater portion of the shot, which made a hole in the back of the deceased, entered a space of about 2 1-2 or 3 inches tended to show an intention on part of the defendant to kill any one who entered the house and broke the locks, without regard to the intent of the intruder. The…
2Cases cited3 opinions
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- State v. ClarkSupreme Court of South Carolina · 1910
3Cited by8 opinions
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- Katko v. BrineySupreme Court of Iowa · 1971
- State v. ChildersOhio Supreme Court · 1938
- State v. PlumleeSupreme Court of Louisiana · 1933
- State v. BeckhamSupreme Court of Missouri · 1924
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