Legal Opinion

State v. Brown

Supreme Court of South Carolina

Decided January 24, 1891PublishedCited by 2 opinions

Before Witherspoon, J., Lexington, This was an indictment against Fred. Brown for the murder of Lem Jackson. So much of the charge to the jury as has any bearing upon the matters excepted to was as follows: A party who is charged with the crime of murder has the right to come in here and interpose what we call the plea of self-defence; that he did what he did, the taking of human life, in the exercise of the right of self-defence.

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Before Witherspoon, J., Lexington, This was an indictment against Fred. Brown for the murder of Lem Jackson. So much of the charge to the jury as has any bearing upon the matters excepted to was as follows: A party who is charged with the crime of murder has the right to come in here and interpose what we call the plea of self-defence; that he did what he did, the taking of human life, in the exercise of the right of self-defence. That right, as I have already stated — the right of self-defence — does not exist under all circumstances; for instance, if a man is in fault in bringing about the…

1Opinion of the Court

The opinion of the court was delivered by

Mr. Justice McIver.

In this case the defendant was indicted for and convicted of the murder of one Lem Jackson, called *45by some of the witnesses Glen Jackson, and has appealed upon several grounds set out in the record. It seems that defendant rested his defence mainly on the plea of self-defence, alleging that the deceased had entered into a conspiracy with John Johnson and Mack Johnson, on the Sunday preceding the Monday on which the homicide was committed; and that he, being informed of such conspiracy, was compelled to fire the fatal shot in defence…

2Cited by2 opinions

  1. State v. PhilipsSupreme Court of South Carolina · 1906
  2. State v. StokesSupreme Court of South Carolina · 1925

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