State v. Gibbs
Supreme Court of South Carolina
H. M. Gibbs was convicted of manslaughter, and he appeals. cite: As to error in not permitting defendant’s co^msel to ask the witness, Mrs. Lackey, if she had not married the deceased before the death of her first husband: 98 S. C. 117; 79 S. C. 187; Const, of 1895, article II, sec. 6. As to contradiction of Mrs. Lackey, the prosecuting witness: 43 S. C. 105; 70 S. C. 452. As to the law of retreat: 72.S. C. 194; 79 S. C. 150.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gage.
Indictment of Gibbs for the murder of Lackey; verdict of manslaughter; judgment, seven years; appeal by the defendant.
The parties were nigh neighbors and small white farmers, and they had aforetime fallen out about the line betwixt their lands. Both men had shotguns, and the testimony tends to prove that each man discharged his gun, and that one man was killed and the other slightly wounded.
The appellant has argued four questions. Two of them have reference to testimony which was excluded on the State’s motion. Two of them have…
2Cases cited1 opinion
- State v. WyseSupreme Court of South Carolina · 1891
3Cited by12 opinions
- State v. SwillingSupreme Court of South Carolina · 1967
- State v. GranthamSupreme Court of South Carolina · 1953
- State v. GordonSupreme Court of South Carolina · 1924
- State v. JacksonSupreme Court of South Carolina · 1955
- State v. HewittSupreme Court of South Carolina · 1944
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