Legal Opinion

State v. George

Supreme Court of South Carolina

Decided December 6, 1921No. 10761PublishedCited by 8 opinions

Before Gary,, J. Edgefield, March 1921. John L. George, convicted of manslaughter, appeals. cite: Requirements of the law as to retreat by party being attacked: 65 E. Ed. (U. S.) 619; 158 U. S. 550, 39 E. Ed. 1086; 164 U. S. 546, 41 E. Ed. 547; 96 S. W. 1068; 17 S. W. 1106; 209 U. S. 36, 52 E. Ed. 670.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. ChiEE Justice Gary.

The defendant was indicted for murder, and was convicted of manslaughter.

The only exception upon which he appealed is as follows:

“That his Honor the Circuit Judge, erred in charging the jury as follows: ‘There is still a fourth element that he must establish; he must show you that he had no other reasonable means of escape, except to take the life of the assailant.’ The law says that if one can give back or step aside, or retreat without increasing his danger, and thus avoid taking human life, it is his duty to do so, and unless…

2Cited by8 opinions

  1. Ford v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1932
  2. Key v. Carolina & N. W. Railway Co.Supreme Court of South Carolina · 1929
  3. State v. HillSupreme Court of South Carolina · 1924
  4. Ford v. Atlantic Coast Line R.Supreme Court of South Carolina · 1932
  5. State v. WashingtonCourt of Appeals of South Carolina · 2018

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