Legal Opinion

State v. Shaw

Supreme Court of South Carolina

Decided December 13, 1902PublishedCited by 3 opinions

Before Krugh, J., Sumter, June term, 1902. Indictment against Nelson J. Shaw for murder. From judgment on verdict.of guilty with recommendation to mercy, defendant appeals. cite; This Court has pozver to grant a nezv trial zvhen there is no evidence to support the verdict: 45 S. C., 483; 64 S. C., 344. Moderate chastisement is excusable homicide; immoderate and excessive chastisement is manslaughter: 2 Bish. Crim. R., secs. 685 and 690; 3 Green. Ev., 134; 2 Whar. Crim.

Read the full summary

Before Krugh, J., Sumter, June term, 1902. Indictment against Nelson J. Shaw for murder. From judgment on verdict.of guilty with recommendation to mercy, defendant appeals. cite; This Court has pozver to grant a nezv trial zvhen there is no evidence to support the verdict: 45 S. C., 483; 64 S. C., 344. Moderate chastisement is excusable homicide; immoderate and excessive chastisement is manslaughter: 2 Bish. Crim. R., secs. 685 and 690; 3 Green. Ev., 134; 2 Whar. Crim. Raw, sec. 1014; 1 Russell on Crimes, 670, 763; 2 Bish. Cr. R., secs. 683, 684, 685.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

The record contains the following statement of facts: “The defendant, appellant, was indicted for the murder of Nathaniel Williams, a boy in his employ as a servant, whose death he caused by whipping him. He was tried before his Honor, Judge J. C. Klugh, and a jury, at Sumter, at the June term, 1902, of the Court of General Sessions. The State put in evidence the small leather strap with which the whipping was done, a proper instrument for chastisement.; but the contention on the part of the State was that the whipping was cruel,…

2Cited by3 opinions

  1. State v. WilliamsonSupreme Court of South Carolina · 1903
  2. State v. FischerSupreme Court of Iowa · 1953
  3. Gunter v. FallowSupreme Court of South Carolina · 1907

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API