State v. Symmes
Supreme Court of South Carolina
Before Izlak, J., Pickens, March, 1893. Indictment against Whitner Symmes for the murder of William F. Gary in defendant’s office at Central, in Pickens County, on July 12.1892. So much of the charge to the jury as related to the law of self-defence was as follows: The defence set up is self-defence. I charge you that a man has a right to defend himself against an attack, but he is not, therefore, justified in killing his assailant.
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Before Izlak, J., Pickens, March, 1893. Indictment against Whitner Symmes for the murder of William F. Gary in defendant’s office at Central, in Pickens County, on July 12.1892. So much of the charge to the jury as related to the law of self-defence was as follows: The defence set up is self-defence. I charge you that a man has a right to defend himself against an attack, but he is not, therefore, justified in killing his assailant. If he is justified, depends on the nature of the assault. A violent defence can only be employed when there is a violent attack. The violence of the assault must…
1Opinion of the Court
The opinion of the court was delivered by
Mr. JUSTICE McGowAN.
The defendant, Whitner Symmes, was indicted for the murder of William F. Gary. The trial was had at the March term of the Court of General Sessions for Pickens County. There was much testimony pro and con, which is all printed in the Brief for reference. The defendant was found guilty of manslaughter. His counsel moved for a new trial on the minutes of the court, which being refused, he now appeals to this court for a new trial on the following exceptions: I. Because the judge erred in overruling the defendant’s objection to the…
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