State v. Welsh

Citations

• 29 S.C. 4
• 6 S.E. 894
• 1888 S.C. LEXIS 101

Syllabus

<p>1. Where self-defence is pleaded to an indictment, the defendant must . establish it by the preponderance of evidence, but, at the same time, the guilt of the defendant must be made to appear beyond all reasonable doubt.</p> <p>2. In determining-whether there is error in instructions to the jury, the charge must be considered as a whole.</p> <p>3. A person convicted of assault and battery with intent to kill (which is a misdemeanor), may be sentenced to imprisonment at hard labor in the penitentiary under the act of 1878 (16 Stat., 453, Gen. Stat., § 2615); and the general terms of this statute were not affected by its incorporation into chapter OX. of the General Statutes, entitled “Of Felonies.”</p>