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State v. Glover

Citations

  • 27 S.C. 602
  • 4 S.E. 564
  • 1888 S.C. LEXIS 2

Syllabus

<p>1. Where a person with intent to kill administers to a little ehild-a drug which she believes to be poisonous and of sufficient quantity to destroy life, the offence of assault and battery with intent to kill is complete, even though the dose was in fact insufficient for the purpose intended.</p> <p>2. The charge to the jury in this case did not violate the constitutional provision prohibiting judges from charging on the facts.</p> <p>3. The statute (Gen. Stat, \\ 2466) providing a punishment for administering “poison or other destructive thing with intent to kill” did not supersede the common law offence of assault and battery with intent to kill.</p> <p>4. This court cannot consider exceptions to the judgment below in a law case, based upon a verdict alleged to be unsupported by evidence.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that an attempt to poison (administering a drug which defendant has been informed will produce death, whether such drug in fact is poisonous or not), constitutes assault with intent to kill
  • affirming conviction for assault with intent to kill based on attempted poisoning

Source: CourtListener parenthetical corpus (CC0).

Judges: Moiver

Read full opinion on CourtListener

Cited by

5 cases in this archive cite this case.

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.