State v. Petsch

Citations

• 43 S.C. 132
• 20 S.E. 993
• 1895 S.C. LEXIS 147

Syllabus

<p>1. Dying Declarations — Case Criticised. — There was no error in refusing to strike out of a dying declaration the words: “X will state the cause and occurrence of the shootingbut there may have been error in striking out of it the repetition of an offensive message received by deceased from prisoner just before the shooting. The better practice is to receive the declaration as made, and instruct the jury to disregard such portions as are objectionable. This case distinguished from State v. Talbert, 41 S. C., 526.</p> <p>2. Evidence. — There is no objection to proving by a witness in reply her relationship to the prisoner; and in this case such testimony is not shown to have been objected to.</p> <p>3. Híid.' — Defendant having testified as to what occurred between himself and a woman at his house just before the homicide, testimony by this woman as to this same occurrence was relevant in reply.</p> <p>4. Ibid. — There was no error in refusing to permit defendant on trial for murder to testify as to his reasons for not paying an account against him presented by a messenger from deceased a little while before the homicide was committed. I</p> <p>5. Ibid. — -Error will not be declared in the alleged refusal to permit an answer to a question, where the “Case” does not disclose such refusal, and where the testimony of this same witness covered all that this question could have elicited.</p> <p>6. Charging Juries. — In considering alleged errors in a charge to the jury, three rules must govern : 1, the charge must be considered as a whole; 2, the refusal to charge correct and applicable propositions of law in the language of a request is immaterial when the same propositions are charged in the language of the judge; and 3, if a requested charge contains bad law as well as good, it may be refused altogether.</p> <p>1, Ibid. — Self-Defence.—In charging that the accused had only to wait until his assailant made some overt act or demonstration, the trial judge in effect c