52 S.C. 480 | S.C. | 1898
The opinion of the Court was delivered by
The defendant was tried before his Honor, Judge Benet, under an indictment charging the offense of murder. The jury found the defendant guilty of manslaughter, with a recommendation to mercy, and he was sentenced to be confined in the penitentiary for the term of four years. From this judgment defendant appeals, upon the several grounds set out in the record, which need not be stated in detail here, as the questions which they present will be hereafter stated and considered.
For a proper understanding of these questions it will be necessary to make a brief statement of what occurred at the trial. ' It seems that, before any testimony was adduced, the Circuit Judge charged the jury, explaining the law as to the crimes of murder and manslaughter in terms which are not excepted to, and then asked the question: “Is there any spe
The error imputed in the fourth exception has been disposed of by what we have already said, and the exception is overruled.
The judgment of this Court is, that the judgment of the Circuit Court be affirmed.