State v. Belcher

Citations

• 13 S.C. 459
• 1880 S.C. LEXIS 76

Syllabus

<p>1. Exceptions alleging insufficiency of proof to sustain a verdict of guilty in a criminal case, cannot be considered by this court.</p> <p>2. The Circuit judge permitted the jury in a capital case to disperse during the trial, without objection made on either side. Held, that it was within his discretion to do so.</p> <p>3. During an arraignment, the name of a juror, who had been temporarily excused, was drawn, but the juror was not called and presented, to which no objection was made by the prisoner until after verdict. Held, that there was in this no ground for a new trial.</p> <p>4. The dying declarations of a wife are admissible against her husband upon his trial for the murder of such wife; and this rule is not affected by Section 415 of the code of procedure.</p> <p>5. Statements relating to her death — wound made by the deceased eighty-two days before her death, but not in the immediate apprehension of dissolution — are not admissible in evidence against her accused murderer..</p> <p>6. Statements of the deceased to her attending physician, detailing the cause of the injuries from which death ensued, made some time-after the occurrence, are not admissible in evidence against the accused as part of the res gestas, upon his trial for her murder.</p> <p>7. The rule of res gestas is this: where the inquiry is as to a certain transaction, not only what was done, but also what was said by those present during the transaction, is admissible, for the purpose of explaining its. character.*</p>