State v. Aughtry

Citations

• 49 S.C. 285
• 26 S.E. 619
• 1897 S.C. LEXIS 130

Syllabus

<p>1. Criminal Law — Charge—Murder.—Where a Judge, in his charge, correctly defines the four possible verdicts in a murder case, and the crimes of murder and manslaughter, it is not error if, when asked by the jury to explain difference between murder and manslaughter, he does not specifically explain the punishments following the different verdicts.'</p> <p>2. Ibid. — New Triad — Jury.—An explanation by a jury as to what they understood the duration of the punishment following a certain verdict to be, should not influence the Judge on motion for new trial.</p> <p>3. Ibid. — Ibid.—Murder.—It is not sufficient ground for new trial for Judge to permit solicitor to open in Court a package containing a dress said to have been worn by a lady when plotting the murder, when it is not offered in evidence.</p> <p>4. Supreme Court — New Triad. — This Court will not review the refusal of a motion for a new trial upon a question of fact.</p> <p>5. Ibid. — Objection.—This Court cannot relieve a party against irrelevant testimony admitted without objection.</p> <p>6. Evidence — A Witness may give the contents of a note which he has lost.</p> <p>7. Criminad Law — Evidence.—Under the facts in this pase, the testimony, that the defendant said he was going to Nebraska with his girl, but that he was going to make her husband bite the dust first, was competent.</p> <p>8. Ibid. — Charge.—In charging a jury, may the Judge state undisputed or admitted facts, or conclusions? See separate opinion o/Mr. Justice Jones. Norris v. Clinkscales, 47 S. C., 517, criticised.</p> <p>9. Charge — Circumstantiad Evidence is lawful evidence, and any prejudice against it is contrary to law, and it is not error for Judge to say so.</p> <p>10. Evidence — Circumstantial Evidence has just as much respect in the law as positive evidence, provided it carries conviction to the minds of the jurors.</p> <p>11. Charge — Adibi.—The hypothetical case used by the Judge in this case to illustrate the defense of alibi,