State v. Carson

Citations

• 36 S.C. 524
• 15 S.E. 588
• 1892 S.C. LEXIS 101

Syllabus

<p>1. Evidence. — Two prisoners being jointly charged with the same murder, so much of -written statements made by the two prisoners separately, as charged each the other with the homicide without implicating himself, was improperly received in evidence.</p> <p>2. Ibid. — Confessions.—Should this court interfere with a ruling of the trial judge, admitting in evidence confessions of the prisioners, in so far as such ruling involved the finding of fact that the confessions were voluntary?</p> <p>3. Complicity in Chime. — The trial judge declined to charge “that even if the jury were satisfied that the deceased came to his death at the hands of one or other of the defendants, yet that they must, in order to convict, be satisfied as to which one did cause the death of the deceased,” but did charge “that if both were present, and one did the killing and the other assisted, aided, counselled, or approved, they are both equally guilty.” The trial judge erred in not further charging that if one committed the homicide without the concurrence of the other, the slayer alone was guilty.</p> <p>Only result concurred in.</p>