State v. Thrailkill
Supreme Court of South Carolina
Before Purdy, J., Saluda, 1905. Indictment against Clarence Thrailkill for killing Benjamin Burton. From sentence on verdict of manslaughter, defendant appeals. cite: Testimony as to affair with Lackey Burton inadimssible: 63 L. R. A., 143, and note; Taylor on Ev., 364, et seq., 313; 56 S. C., 360; 78 Va., 387; 40 S. C., 484; Green on Ev., sec. 51; 47 S'. C., 90'. Act done' from compulsion or necessity is not a crime: 3 Kent., 306; 1 Bish. Crim.
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Before Purdy, J., Saluda, 1905. Indictment against Clarence Thrailkill for killing Benjamin Burton. From sentence on verdict of manslaughter, defendant appeals. cite: Testimony as to affair with Lackey Burton inadimssible: 63 L. R. A., 143, and note; Taylor on Ev., 364, et seq., 313; 56 S. C., 360; 78 Va., 387; 40 S. C., 484; Green on Ev., sec. 51; 47 S'. C., 90'. Act done' from compulsion or necessity is not a crime: 3 Kent., 306; 1 Bish. Crim. E., sec. 346. • Oral argument by Mr. Thurmond.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
The defendant Clarence Thrailkill was indicted for the killing of Benjamin Burton at Monetta, Saluda County, on the 27th day of April, 1904, was found guilty of manslaughter and sentenced to imprisonment upon the public works of Saluda County, or the penitentiary, for three years. Morgan Thrailkill, the father of defendant, had been indicted for the same offense, was convicted of murder with a recommendation to mercy and sentenced to life imprisonment, which judgment on appeal therefrom was affirmed by this Court. State vs.…
2Cited by6 opinions
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- State v. BlurtonCourt of Appeals of South Carolina · 2000
- State v. HartleyCourt of Appeals of South Carolina · 1992
- State v. HartleyCourt of Appeals of South Carolina · 1992
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