State v. Wagstaff
Supreme Court of South Carolina
Before Si-iipp, J., Florence, June term, 1920. . G. W. Wagstaff and A. C. Hargrove, indicted for simple assault, and, upon conviction, appeal. cite: Distinction between an assault and a trespass on personal property: 31 S. C. L. (1 Strob.) 91. Verdict should be directed where determination of issues can only be by speculation: 72 S. C. 404. Mr. Gasque cites: Intent was for‘jury: 38 S. C. 348. Definition of assault: 1 Hill 46; 32 S. C. 27. One who incites an assault is…
Read the full summary
Before Si-iipp, J., Florence, June term, 1920. . G. W. Wagstaff and A. C. Hargrove, indicted for simple assault, and, upon conviction, appeal. cite: Distinction between an assault and a trespass on personal property: 31 S. C. L. (1 Strob.) 91. Verdict should be directed where determination of issues can only be by speculation: 72 S. C. 404. Mr. Gasque cites: Intent was for‘jury: 38 S. C. 348. Definition of assault: 1 Hill 46; 32 S. C. 27. One who incites an assault is guilty: 1 Brev. 397. Charge was proper as only one inference could be drawn from' facts hypothetically stated: 79 S. C. 187.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
The defendants were convicted of simple assault and battery, and, after being sentenced, appeal, and by exceptions, three in number, complain of error in not directing a verdict of not guilty as asked for by the defendants and' error in the Judge’s charge.
The facts were that H. H. Graham, who lived at Take City, got off of the train arriving from Florence and handed his hand sa.tch.el to a negro porter to carry it to the hotel where Graham lived. The defendant, Wagstaff,'who was a policeman, stopped the negro after he had gone a short…
2Cases cited1 opinion
- Willis v. WhittleSupreme Court of South Carolina · 1909
3Cited by3 opinions
- In re McGeeSupreme Court of South Carolina · 1983
- In THE MATTER OF McGEESupreme Court of South Carolina · 1983
- State v. PrescottSupreme Court of South Carolina · 1923