Legal Opinion

State v. Owens

Supreme Court of South Carolina

Decided February 17, 1908No. 6751PublishedCited by 6 opinions

Before Gary, J., Berkeley, Indictment against John T. Owens for murder of S. W. Thornley. From sentence on verdict of manslaughter, defendant appeals.

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Before Gary, J., Berkeley, Indictment against John T. Owens for murder of S. W. Thornley. From sentence on verdict of manslaughter, defendant appeals. Mr. Rivers cites-: Conviction of manslaughter is an acquittal of murder: 40 S. C., 362; 33 S. C., 129; 56 S. C., 586. What is manslaughter? 21 Ency., 189, 172; 55 S. C., 35; 50 S. C., 422; 65 S. C., 213; 78 S. C., 95; 28 S. C., 34; 39 S. C., 159; 50 S. C., 424. If títere was no evidence to convict of manslaughter, new trial should have been granted: 29 S, C., 43; 19 S. C., 94; 25 S. C., 173; 68 S. C., 427; 64 S. C., 569; 59 S. E. R., 70'; 75 &…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

The defendant was indicted for the murder of S. W. Thornley, and was. convicted of manslaughter.

Upon being sentenced to ten years at hard labor in the State penitentiary., he appealed toi this Court upon exceptions, which will 'be considered in their regular order.

1 First exception: “Because his Honor, the presiding Judge, erred in his charge to the jury, the same, taken as a whole, being erroneous, although some of the propositions of which the said charge is composed may severally be conformable to recognized authority; nevertheless,…

2Cases cited4 opinions

  1. State v. McIntoshSupreme Court of South Carolina · 1894
  2. State v. ClardySupreme Court of South Carolina · 1906
  3. State v. RichardsonSupreme Court of South Carolina · 1896
  4. State v. StuckeySupreme Court of South Carolina · 1900

3Cited by6 opinions

  1. State v. BelcherSupreme Court of South Carolina · 2009
  2. State v. QueenSupreme Court of South Carolina · 1975
  3. Bird v. StateCourt of Appeals of Georgia · 1944
  4. State v. MaysSupreme Court of South Carolina · 1932
  5. State v. KiddNew Mexico Supreme Court · 1917

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