State v. Shaw
Supreme Court of South Carolina
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.
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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
- State v. WilliamsonSupreme Court of South Carolina · 1903
- State v. FischerSupreme Court of Iowa · 1953
- Gunter v. FallowSupreme Court of South Carolina · 1907