State v. Gilbert

The opinion of the Court was delivered by

Mr. Justice BeEase:

Burch Gilbert and Willie Gilbert, brothers, were indicted in the Court of General Sessions of Darlington County for the murder of Graham Segars, a brother-in-law of the two defendants. Upon their trial before his Honor, Judge Dennis, and a jury, Willie Gilbert was acquitted, and Burch Gilbert was found guilty of manslaughter. From that verdict, and the sentence of the Court to 15 years’ imprisonment, Burch Gilbert has appealed.

The theory of homicide from the viewpoint of the State is taken from the testimony of G. C. Segars, a…