Legal Opinion

State v. Brown

Supreme Court of South Carolina

Decided January 22, 1918No. 9866PublishedCited by 13 opinions

Before Gary, J., Greenville, Spring term, 1916. Exceptions 4, 5,6,7 and 8, directed to be reported, were as follows: (4) His Honor erred in charging the jury in substance that if the defendants agreed to have a fight and engaged in a fight they are'supposed to have intended the consequences which followed from that unlawful act, from which death resulted and are equally responsible.

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Before Gary, J., Greenville, Spring term, 1916. Exceptions 4, 5,6,7 and 8, directed to be reported, were as follows: (4) His Honor erred in charging the jury in substance that if the defendants agreed to have a fight and engaged in a fight they are'supposed to have intended the consequences which followed from that unlawful act, from which death resulted and are equally responsible. It is submitted that said charge was erroneous; that persons engaged in such a fight are not responsible for the killing of another, unless it appears to the jury that such death is a probable consequence of such…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chiee Justice Gary.

The defendants were indicted for the murder of Davis Freize, and were convicted of manslaughter. Freize was killed in a general fight that took place on the early morning of the 27th of November, 1915, in front of the office of the Judson Mills. A few days before the homicide took place, a labor union was organized among the employees of the mill, and soon thereafter a strike of the weavers was called. A number of the employees joined in the strike,’and the mill was closed, and so remained for about 20 days. On November 15th, a…

2Cases cited5 opinions

  1. State v. CookSupreme Court of South Carolina · 1907
  2. State v. TaylorSupreme Court of South Carolina · 1900
  3. State v. WadeSupreme Court of South Carolina · 1913
  4. State v. StuckeySupreme Court of South Carolina · 1900
  5. State v. LeeSupreme Court of South Carolina · 1910

3Cited by13 opinions

  1. State v. FrancisSupreme Court of South Carolina · 1929
  2. State v. BRITTSupreme Court of South Carolina · 1959
  3. State v. JohnsonSupreme Court of South Carolina · 1930
  4. State v. AllenSupreme Court of South Carolina · 1976
  5. State v. HinsonSupreme Court of South Carolina · 1970

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