State v. Foster

Citations

• 45 S.E. 1
• 66 S.C. 469
• 1903 S.C. LEXIS 111

Syllabus

<p>1. Criminal Raw — Self-Defense.—Charge as to self-defense — especially the rule as to the “means of escape” — taken in connection with the whole charge on that subject, could not have been prejudicial to defendant. Mr. Justice Woods dissents.</p> <p>3. Ibid. — Manslaughter.—Definition of manslaughter given by the Court in this case as the “unlawful killing of another without malice, express or implied,” is not error, since the killing was admitted and self-defense was pleaded.</p> <p>3. Ibid. — Murder.—Charge that the law presumes that the taking of life by the unlawful use of a deadly weapon is murder, but that presumption is rebuttable, and where the facts and circumstances as to the homicide are brought out, the State must show malice beyond a reasonable doubt, held not error, instructions having been elsewhere given as to manslaughter and self-defense.</p>