State v. Symmes

Citations

• 40 S.C. 383
• 19 S.E. 16
• 1894 S.C. LEXIS 163

Syllabus

<p>1. Evidence in Reply. — The defendant, charged with murder produced by a pistol shot, having-testified that the deceased was within a foot or two of him when he fired, the clothes worn by the deceased at the time may be introduced in reply to show the absence of powder burns, however weak such testimony maybe in the absence of other testimony as to the distance at which clothes would be burned by a discharged pistol. Testimony in reply is largely within the discretion of the trial judge, and his discretion was not abused in this case.</p> <p>2. Charging Juries — Self-Defence.—-The correctness of a charge to the jury must be determined by a consideration of the charge as a whole; anil when so considered in this case, the judge correctly instructed the jury as to that necessity to take life which would excuse a homicide, further instructions having been waived.</p>