State v. Senn

Citations

• 32 S.C. 392
• 11 S.E. 292
• 1890 S.C. LEXIS 71

Syllabus

<p>1. In a murder case, a physician, who examined externally the body of the deceased, was competent to express an opinion as to what agency was capable of producing marks of bruises observed on the neck of the deceased, but he should not have been permitted to testify that in his opinion such marks were in fact produced by a particular agency — the human hand.</p> <p>2. On the trial of a husband for the murder of his wife, testimony is inadmissible to prove an alleged threat by the prisoner against his wife, as detailed by her on the witness stand in his hearing, and not denied by him, in a proceeding before a trial justice, to which the husband was no party; for he was not then called upon to deny the charge so made, nor would his denial have been admissible in evidence under the rules of law.</p> <p>3. Testimony given by witnesses at a coroner’s inquest, is inadmissible against them on their trial, under a charge afterwards preferred, of the murder of the deceased person.</p> <p>4. It being shown by affidavits, that the jury, during the night and while deliberating on their verdict, came from their room into the court room and there mingled with the constables of the court, the verdict was set aside.</p> <p>Me. Justice McGowan, dissenting.</p> <p>Per McGowan, A. J.—</p> <p>5. There is no error in defining “reasonable doubt” to be a “strong, substantial, well'founded doubt, founded in the evidence.”</p> <p>6. A mere slip of the tongue in a charge to the jury, and one which could not possibly have 'misled the jury, does not furnish a ground for a new trial.</p> <p>7. The trial judge did not abuse his discretion as to the conduct of the trial, in permitting a witness to be recalled in reply to prove a statement by defendant which defendant had not denied making.</p> <p>8. Evidence that the deceased (wife of defendant) had procured a peace warrant against the prisoner was admissible against him.</p> <p>9. After verdict, it is too late to raise the objection that dece