State v. Trammell

Citations

• 40 S.C. 331
• 18 S.E. 940
• 1894 S.C. LEXIS 153

Syllabus

<p>1. Homicide — -Self-Produced Necessity — Self-Defence.—Where a stranger goes into the kitchen of a restaurant against the protest of the proprietor, and by his language and manner there provokes a difficulty with one of the waiters, whom he then and there kills, the plea of self-defence is unavailing on his trial for murder, whatever other subsequent facts there were which would sustain the plea if the homicide had been committed by the defendant when not the aggressor.</p> <p>2. Ibid — Ibid.—Retreat.—And in such a case as this, the law required the defendant to retreat when dangerously assaulted by this waiter.</p>