State v. Emerson
Supreme Court of South Carolina
Before Gary, J., Anderson, Indictment against J. Allen Emerson for murder of Thomas F. Drake. From sentence of imprisonment for life, defendant appeals. The former cite: As to mitigation of homicide of paramour of daughter by father to manslaughter: 2G Tex. Ap. Cas., 56; 50 S. C., 405; 5 L. R. A., 809; Whar. on Horn., sec. 188; 55 S. C., 32. If one not without fault in bringing on a difficulty, abandon the conñict, his right to self-defense survives: Clarke’s Crim.
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Before Gary, J., Anderson, Indictment against J. Allen Emerson for murder of Thomas F. Drake. From sentence of imprisonment for life, defendant appeals. The former cite: As to mitigation of homicide of paramour of daughter by father to manslaughter: 2G Tex. Ap. Cas., 56; 50 S. C., 405; 5 L. R. A., 809; Whar. on Horn., sec. 188; 55 S. C., 32. If one not without fault in bringing on a difficulty, abandon the conñict, his right to self-defense survives: Clarke’s Crim. R., 155; 25 Ency., 270; Fountain v. State, 55 R. R. A. Judge should charge or refuse each request: 43 S- C., 130. As to the…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
The appellant was indicted for the murder of Thomas E. Drake, and, upon being convicted with a recommendation to mercy, was sentenced to life imprisonment, from which appeal is taken upon numerous exceptions.
The homicide occurred on the night of August IS, 1906, in the home of the deceased in Anderson County. Mrs. Belle Bailey, a married daughter of the deceased, about thirty-one years old, was living in the home of her father, with her child Mary, about thirteen years old and her brother Ralph Emerson. The defendant, a sergeant of…
2Cases cited5 opinions
- State v. GruginSupreme Court of Missouri · 1898
- State v. FaileSupreme Court of South Carolina · 1895
- State v. ThrailkillSupreme Court of South Carolina · 1905
- State v. WaySupreme Court of South Carolina · 1893
- State v. FreemanSupreme Court of South Carolina · 1895
3Cited by4 opinions
- State v. StockmanSupreme Court of South Carolina · 1909
- State v. ClinkscalesSupreme Court of South Carolina · 1957
- State v. JonesSupreme Court of South Carolina · 1919
- State v. GunterSupreme Court of South Carolina · 1923