State v. Taylor

Citations

• 57 S.C. 483
• 35 S.E. 729
• 1900 S.C. LEXIS 53

Syllabus

<p>1. Evidence — Opinion.—A witness may give his opinion of the tone in which one speaks.</p> <p>2. Ibid. — Reputation of the house in which the prosecutrix for rape lives with others, is not competent.</p> <p>3. Ibid. — Reputation of prosecutrix for rape after crime, is not competent.</p> <p>4. Ibid. — Opinion—Harmeess Error. — All circumstances, distance, &c., having been given to the jury, it is harmless error to refuse to permit witness to give.his opinion as to whether prosecutrix could be heard call out from the road.</p> <p>5. Presumption — Witness.—There is no legal presumption that what a witness says is the truth.</p> <p>6. Reasonabee Doubt — Preponderance oe Evidence. — Where the defendant under charge of rape admits connection, but denies rape, he does not set up an affirmative defense, and the question of proving it by the preponderance of the evidence, and then giving defendant the benefit of a reasonable doubt on the whole case, does not arise.</p>