State v. Wyse
Supreme Court of South Carolina
Before Witherspoon, J., Lexington, June, 1890. This was an indictment against Julius Wyse for a murder committed on February 23d, 1889. The charge of the judge, so far as it has any bearing upon the exceptions, was as follows: You have heard something with reference to the exercise of self-defence. There is no doubt that in proper cases a man is entitled to the protection of the law in the exercise of the right of self-defence.
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Before Witherspoon, J., Lexington, June, 1890. This was an indictment against Julius Wyse for a murder committed on February 23d, 1889. The charge of the judge, so far as it has any bearing upon the exceptions, was as follows: You have heard something with reference to the exercise of self-defence. There is no doubt that in proper cases a man is entitled to the protection of the law in the exercise of the right of self-defence. He can only claim that protection under certain circumstances; there are circumstances under which he cannot claim it. If a man brings about the difficulty himself, if…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice McIver.
This is the second appeal in this case,' the first being reported in 10 S. E. Rep., 612, as well as in 32 S. C., 45. The former appeal resulted in a judgment of this court in the following language: “It is the judgment of this court that thejudgment of the Circuit Court be reversed.” The remittitur having been sent down to the Circuit Court, the appellant was again put upon his trial, and when the case was called for trial his counsel moved for a continuance on the ground of the absence of John Moore, one of his witnesses, who had…
2Cases cited3 opinions
- Commonwealth v. GorhamMassachusetts Supreme Judicial Court · 1868
- Jeffersonville, Madison, & Indianapolis Railroad v. RileyIndiana Supreme Court · 1872
- State v. WyseSupreme Court of South Carolina · 1890
3Cited by26 opinions
- State v. BighamSupreme Court of South Carolina · 1926
- Smith v. SmithSupreme Court of South Carolina · 1940
- Gantt v. Columbia Coca-Cola Bottling Co.Supreme Court of South Carolina · 1944
- State v. MillsSupreme Court of South Carolina · 1908
- State v. StockmanSupreme Court of South Carolina · 1909
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