State v. Green

Citations

• 48 S.C. 136
• 26 S.E. 234
• 1897 S.C. LEXIS 84

Syllabus

<p>U Evidence — Case Distinguished. — To permit B. to testify that P. told him that G. told P., after a homicide was committed, that G. had • killed C,, is error, because hearsay. State v. Workman, 15 S. C., 540, distinguished.</p> <p>2. Expert Evidence. — -A doctor may say that, in his opinion, based on reading standard medical works, strychnine is a deadly poison.</p> <p>3. ' WITNESS. — Is it error to allow a clerk of court to remain in the court room when witnesses are excluded by order of the court, when his testimony in the case is upon a collateral fact?</p> <p>4. .Evidence — -Discretion.—Questions as to the relevancy of testimony and leading questions are so much in the discretion of the Circuit Judge, that this Court does not feel at liberty to interfere, unless it appear that the appellant has been injured thereby.</p> <p>5. Witness — Seeding Crop Under Dien. — A party is not disqualified ■ • as -a witness because he has been convicted of selling crop under lien.</p> <p>6. Evidence — Confession.—To permit B. to testify that C. told him, .after the homicide, that G. told C. what to testify before the coroner, is error, because hearsay, and no part of the confession of C.</p> <p>7. Sodicitor- — -New Triad. — The language used by counsel for the 'State, construed not to contain an allusion to the fact that defendant ■. did not testify.</p> <p>8. Charge. — May a Circuit Judge say to the jury: “If this be true, gentlemen, this crime, in its sickening and horrible details, is without . parallel in the history of crime in this State, and could be equalled only in the annals of some barbarous age?’ ’</p> <p>9. ' Conviction — Evidence of Accompdice — Accompdice.—The jury may convict on the uncorroborated evidence of an accomplice.</p> <p>10.- Charge.- — -When the Circuit Judge says in his charge, “If she is telling the truth, then all of the defendants are guilty,” he draws an inference for the jury, and is in error.</p>