Legal Opinion

State v. McCalla

Supreme Court of South Carolina

Decided June 28, 1915No. 9121PublishedCited by 5 opinions

Before Moore, J., Abbeville, William Henry McCalla was convicted of manslaughter, and he appeals. with leave of Court, review the cases in 66 S. C. 423; 86 S. C. 211, and 86 S. C. 213, and cite: 2 Hill 619; 10 Rich. 341; 28 S. C. 29; 2 Strob. 464; 55 S. C. 326; 2 Dewin 215; Foster’s Criminal Daw 302; 2 Bishop Crim. Daw, secs. 642, 643, 744; Hawkins, P. C. (Curw. Ed.), p. 89, sec. 1; 21 Cyc. 760, 765; 66 S. C. 422.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice Gary.

This is an appeal from the sentence imposed upon the defendant, who was convicted of manslaughter. The question is whether a person is subject to conviction for involuntary manslaughter, when he' is only guilty of ordinary negligence in handling a pistol which results in the killing of a bystander. The following cases show that the exceptions raising this question cannot be sustained. State v. Gilliam, 66 S. C. 419; 45 S. E. 6; State v. Tucker, 86 S. C. 211, 68 S. E. 523; State v. Revels, 86 S. C. 213, 86 S. E. 523.

The…

2Cases cited3 opinions

  1. State v. GilliamSupreme Court of South Carolina · 1903
  2. State v. TuckerSupreme Court of South Carolina · 1910
  3. Everitt v. Austin Bros.Supreme Court of North Carolina · 1915

3Cited by5 opinions

  1. State v. BarnettSupreme Court of South Carolina · 1951
  2. State v. HanahanSupreme Court of South Carolina · 1918
  3. State v. DixonSupreme Court of South Carolina · 1936
  4. State v. PhillipsSupreme Court of South Carolina · 1954
  5. Folk v. United StatesDistrict Court, W.D. South Carolina · 1952

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