State v. Gilliam

Citations

• 45 S.E. 6
• 66 S.C. 419
• 1903 S.C. LEXIS 114

Syllabus

<p>1. Evidence. — Conversation between-defendant, deceased and witness in homicide case, some time before shooting, is competent to show relation of the parties.</p> <p>2. Ibid. — Coroner.—How many jurors signed coroner’s verdict, is irrelevant in homicide case.</p> <p>3. Ibid. — Ibid.—Contradiction.-—Defendant in homicide case cannot have the testimony of his witness corroborated by evidence taken at coroner’s inquest, and such evidence cannot be used to contradict witnesses for State, when no ground therefor was laid.</p> <p>4. Criminal Law — Manslaughter—Assault and Battery. — An instruction that the provocation which is sufficient to reduce a killing from murder to manslaughter involves the idea of an assault and battery, is not error.</p> <p>5. Ibid. — Ibid.—Instruction that homicide caused by the negligent use of a pistol is manslaughter, is correct, and here not a charge on the facts.</p> <p>6. New Trial. — There being evidence tending to show that deceased came to her death from the effects of the wound inflicted by defendant, motion for new trial was properly overruled.</p>