State v. Clardy
Supreme Court of South Carolina
Before Krugh, J., Laurens, July, 1905. Indictment against Coogler Clardy and Dick Davis for murder of Chris Herron. From sentence on verdict of manslaughter, defendants appeal. cite: Criminal intent must be proved: 2 Lea., 619; 11 Rich. E:q., 489; 62 S. C., 2-70; 1 B-ish. Crim. L., sec. 73-5; Clark Grim. L., .42, 43; 3 Green, on Ev., sec. 14, note 1. Accidental killing is no-t an affirmative defense: 68 S. C., 304; 24 S. E., 996.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
The defendants, indicted for the murder of Chris Herron, were convicted oif manslaughter and sentenced each to seven years in the penitentiary.
On the 19th day of March, 1905, at Bethel Grove Church, in Laurens County, Chris Herron received a pistol shot wound from a pistol fired while in the hands of Coogler Clardy, from which he died about two'weeks later. Coogler Clardy claimed that the shooting was done accidentally while he and the deceased were engaged in a friendly struggle over the possession of the pistol, while H'erron was.…
2Cases cited5 opinions
- State v. McDanielSupreme Court of South Carolina · 1904
- State v. . VinesSupreme Court of North Carolina · 1885
- State v. EmerySupreme Court of Missouri · 1883
- Austin v. StateSupreme Court of Georgia · 1900
- State v. MorganSupreme Court of South Carolina · 1894
3Cited by8 opinions
- State v. LawsonWest Virginia Supreme Court · 1945
- State v. BarnettSupreme Court of South Carolina · 1951
- State v. EvansWest Virginia Supreme Court · 1983
- Capra v. BallarbySupreme Court of Colorado · 1965
- State v. DixonSupreme Court of South Carolina · 1936
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