State v. McIntosh

Citations

• 40 S.C. 349
• 18 S.E. 1033
• 1894 S.C. LEXIS 157

Syllabus

<p>1. Homicide — Borden of Proof. — Tn a trial for homicide, while the defendant is only bound to prove the facts necessary to sustain his plea of self-defence by a mere preponderance of the testimony, the State is bound to prove every material element of the charge beyond all reasonable doubt. State v. Bodie, 33 S. 0., 132, followed.</p> <p>2. Homicide — Self-Defence.—The plea of self-defence is not sustained, unless the defendant make it appear by the preponderance of the evidence that it was necessary for him to take the life of the deceased in order to protect his own life, or to protect his person from some grievous bodily harm. If there was open to him a probable means of avoiding the homicide, the necessity that excuses did not exist.</p> <p>3. Ibid. — Ibid.—Castle.—Where the defendant kills the deceased while an invited guest in his (defendant’s) own house, without any notice to leave, he does not occupy the position of one who slays to protect his castle.</p> <p>4. Conviction of Manslaughter — Charge as to Murder. — A conviction of manslaughter operates as an acquittal of the charge of murder, and on appeal from such conviction, alleged erroneous instructions to the jury, as to the charge of murder, are immaterial.</p>