State v. Davis

Citations

• 50 S.C. 405
• 27 S.E. 905
• 1897 S.C. LEXIS 38

Syllabus

<p>1. Criminae Daw — Maeice—Charge.—Upon trial of a murder case, it is not error to instruct the jury as to implied malice, even though all the facts attendant upon the homicide are brought out.</p> <p>2. Ibid. — Manseaughter.—The sudden heat and passion which reduces a homicide from murder to manslaughter, while it need not dethrone reason or shut out knowledge and volition, must be such as would naturally disturb the sway of reason, and render the mind of an ordinary person incapable of cool reflection.</p> <p>3. Ibid. — Ibid.—The rule in this State is that where death is caused by use of a deadly weapon, provocation by words only is not sufficient to reduce the killing to manslaughter.</p> <p>4. Charge — Sede-Deeense.—The charge, considered as a whole, as applicable to the law of self-defense, is not objectionable.</p> <p>5. Charge — REQUESTS.—A verbal request to charge a legal proposition read from a statute or decision is not a compliance with Rule XI. of Circuit Court, requiring requests to charge to be submitted in writing.</p> <p>6. Criminad Raw — Charge—Arrest.—A private person has no right to arrest for simple petit larceny without a warrant, but may so arrest for felony, and the charge in this case was faulty in this respect, because it did not draw this distinction.</p> <p>7. Ibid. — Ibid.—It is error to instruct the jury that a party has a right to repossess himself of property taken from him, without the explain ation that such right must be exercised without a breach of the peace.</p>