13 S.C. 30 | S.C. | 1880
The opinion of the court was delivered by
James Edwards, John Draper, Henry Draper, John Rodgers, Samuel Griffin and Prince Donnough, were indicted for burglary and grand larceny. Rodgers was convicted of “ burglary and grand larceny.” Griffin was acquitted,, and the other parties convicted of grand larceny and sentenced accordingly. The grounds of appeal affect the conviction of the parties, other than Rodgers and Griffin.
The leading objection to the verdict against the parties convicted of grand larceny, turns on the fact that the confession of Rodgers was introduced, and it was shown that the other parties indicted were present when the confession was made, and did not
Where civil rights are alone concerned the silence of a party is often construed as assent to be bound by an obligation, and the equity is ground of estoppel. In both of these cases an obligation or duty to speak, coupled with an injury to the party to whom such obligation or duty is due, by reason of such silence, is the foundation of the rule. Both of these elements are lacking in the case of the silence of a party standing accused of crime.
As the verdict against the parties other than Rodgers and Griffin must be set aside in consequence of the erroneous charge just considered, it will not be necessary to examine the questions that grow out of the form of the verdict, especially as they have arisen out of accidental circumstances that may not again occur.
The charge that “ good character can have no weight except in doubtful cases ” might have the effect under some circumstances to divert the attention of the jury from the real importance of evidence of good character. The hearing of such evidence is directly upon the intent or motive to be ascribed to the conduct of the party, and the proof of good character may have the effect to call for a higher degree of certainty in the proofs of the conduct of the party than could be requisite if a notoriously bad character was shown. If a person of undoubted
The verdict, as it regards all the parties convicted, except Rodgers, must be set aside, and a new trial granted.