State v. Morgan
Supreme Court of South Carolina
Before Aldrich, J., Greenville, November, 1892. Indictment of J. W. J. Morgan for the murder of his father-in-law by the discharge of a gun loaded with shot on June 18, 1892. The defence was that defendant’s gun was accidentally discharged, with the fatal result,.while he was throwing up his gun to ward off from himself an impending blow from a hoe in the hands of deceased.
1Opinion of the Court
The opinion of the court was delivered by
Mr. Chief. Justice MoIver.
The defendant was indicted for, and convicted of, the murder of L. Washington Hipps, and having been duly sentenced, appeals upon the following-grounds :
1st. Because his honor refused to charge the jury that they had the right to consider the intoxication or drunkenness of the defendant in any event, even in determining the intent with which he acted, or whether he acted with malice.
2d. Because his honor, the Circuit Judge, not only refused to charge the jury as above set forth, but charged the jury as .follows: “In the eye of…
2Cited by6 opinions
- Clemens v. StateWisconsin Supreme Court · 1922
- State v. ClardySupreme Court of South Carolina · 1906
- State v. QuickSupreme Court of South Carolina · 1932
- State v. JonesSupreme Court of South Carolina · 1915
- State v. TorrenceSupreme Court of South Carolina · 1991
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