State v. Cannon

Citations

• 49 S.C. 550
• 27 S.E. 526
• 1897 S.C. LEXIS 186

Syllabus

<p>1. Evidence. — The presence of a person in the house of another maybe explained on the trial of a party killing him in that house.</p> <p>2. Ibid. — The fact that defendant was seen several days before near the premises where deceased was shot is competent to show his knowledge of the premises in connection with other circumstances relied on by the State to convict him of the killing.</p> <p>3. Confession — Supreme Court. — Whether a confession made by a defendant suffering much pain, and under the influence of morphine, is free and voluntary, is a question of fact for the Circuit Judge, and cannot be reviewed by this Court.</p> <p>4. Criminad Law — Accomplice.—If two persons enter a house for an unlawful purpose, and during its execution a homicide is committed by one as a probable or natural consequence of the acts done in pursuance of the common design, both are equally guilty.</p> <p>5. Jury — -Admissions—Criminal Law. — The jury are the sole judges as to the weight or sufficiency of the admissions or statements of a defendant, as of any other testimony tending to prove the charge against him.</p> <p>6. Charge — -Constitution.—It is a violation of sec. 26 of art. V. of the Constitution of 1895 for a Judge in his charge to state uncontradicted testimony.</p>