State v. Davis

Citations

• 27 S.C. 609
• 4 S.E. 567
• 1888 S.C. LEXIS 3

Syllabus

<p>1. The charge in this case when considered as a whole, and the language excepted to, when considered in the connection in which used, was not a charge upon the facts, but only a statement of the testimony applicable to the questions at issue.</p> <p>2. Where the judge plainly instructs the jury that the facts are exclusively with them, he need not, in .'stating the testimony, reiterate the same instruction.</p> <p>3. If testimony is incorrectly stated to the jury, or reference to some material testimony omitted in the charge, the proper remedy is to call the attention of the judge to such error or omission at the time, or at least to move for a new trial before the Circuit Court upon that ground.</p> <p>4. The presumption of insanity arising from a committal to a lunatic asylum, may not be rebutted only by evidence of a discharge from the asylum.</p> <p>5. Where the fact of the homicide is admitted and the only defence is insanity, the judge did not err in saying to the jury, “The diabolical homicide is not denied, provided the person who did it is morally responsible.”</p> <p>6. Points not made by exceptions, but urged in argument, considered in favorem vitae.</p>