State v. Whittle
Supreme Court of South Carolina
Before Aedrich, J., Lexington, September, 1899. Indictment for murder against Clarence Clyde Whittle and Willis D. Berry. From judgment of Sessions Court, defendants appeal on following exceptions : “I. Because his Honor erred in charging -the jury as follows : ‘In manslaughter, the killing is done without malice aforethought, either expressed or implied.
Read the full summary
Before Aedrich, J., Lexington, September, 1899. Indictment for murder against Clarence Clyde Whittle and Willis D. Berry. From judgment of Sessions Court, defendants appeal on following exceptions : “I. Because his Honor erred in charging -the jury as follows : ‘In manslaughter, the killing is done without malice aforethought, either expressed or implied. Another definition of the term manslaughter is the unlawfull killing of a person in sudden heat and passion upon some sufficient legal provocation. ' Those terms explain themselves. You know what heat and passion is; you know that it is the…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
The defendants were indicted for the murder of William Henry Johnson, and were convicted and sentenced for manslaughter, They sought to excuse the killing on the ground of self-defense, in a lawful attempt to arrest Johnson without warrant, as a fugitive from Georgia for crime. It seems from the portions of the testimony printed in the 'brief, that Johnson, in November, 1898, was 'on a chain-gang in Georgia, serving a sentence for selling liquor without a license; that he, with other convicts, assaulted the guard, one of t'he other…
2Cited by3 opinions
- State v. ThrailkillSupreme Court of South Carolina · 1905
- State v. ChastainSupreme Court of South Carolina · 1910
- Frasier v. Charleston & Western Car. Ry.Supreme Court of South Carolina · 1905