Legal Opinion

State v. Freely

Supreme Court of South Carolina

Decided July 15, 1916No. 9467PublishedCited by 19 opinions

Before Smith, J., Anderson, February, 1916. Doc Freely, convicted of murder, appeals. The facts are stated in the opinion. cite: As to conduct of trial, sending jury back a second time without their consent, to consider case: Civil Code, sec. 4050; 75 S. C. 494; 45 S. C: 466. As to exclusion of testimony, as to defendant’s declarations: 3 Wigmore Ev. 2230; 93 Am.

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Before Smith, J., Anderson, February, 1916. Doc Freely, convicted of murder, appeals. The facts are stated in the opinion. cite: As to conduct of trial, sending jury back a second time without their consent, to consider case: Civil Code, sec. 4050; 75 S. C. 494; 45 S. C: 466. As to exclusion of testimony, as to defendant’s declarations: 3 Wigmore Ev. 2230; 93 Am. Dec. 274; 145 U. S. 710, 711. Right to new trial, because jury disregarded charge: 57 S. C. 347; 100 S. C. 287; 68 S. C.~523. cites: As to sending back jury: Civil Code, sec. 4050; 45 S'. C. 659; 75 S. C. 494; 54 S. C. 234; 97 S. C.…

1Opinion of the Court

'The opinion of the Court was delivered by

Me. Justice Gage.

The defendant is a negro man; he was tried for the murder of a Confederate veteran named Dodd; the verdict was “guilty,” and the judgment of the law was death. The homicide was committed with a blunt instrument on the head, on Saturday afternoon, some time between 4 and 6 o’clock, February 20, 1915, in the storeroom of the deceased on Hampton street, in the city of Anderson, a half mile from the courthouse. There was no eyewitness to the tragedy; all the testimony rests in circumstances. The defendant was gone from his accustomed…

2Cases cited2 opinions

  1. State v. StephensonSupreme Court of South Carolina · 1899
  2. State v. KelleySupreme Court of South Carolina · 1896

3Cited by19 opinions

  1. Tucker v. CatoeCourt of Appeals for the Fourth Circuit · 2000
  2. State v. WalkerCourt of Appeals of South Carolina · 2005
  3. State v. CrawfordCourt of Appeals of South Carolina · 2005
  4. State v. PaganCourt of Appeals of South Carolina · 2004
  5. State v. RobinsonCourt of Appeals of South Carolina · 2004

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