State v. HillState v. Hill
The opinion of the Court was delivered by
Aрpeal from conviction of and sentence for manslaughter upon an indictment charging the defendant, John Hill, with the murder of his brother, Tom Hill, in Aiken County, on or about September 10, 1923. The exceptions raise the following questions:
(1) Did the Circuit Judge err in excluding evidence of specific instances of violence on the part of the deceasеd towards members of the defendant’s family and neighbors, and especially towards the father of the defendant?
(2) Did the Cirсuit Judge err in charging the jury that, in order to establish his plea of self-defense, the defendant must show “that there must have been (was) no other reasonable means of escape?
(3) Did the Circuit Judge err in charging the jury that evidence of thе good reputation of the defendant was limited to the question whether or not the defendant committed a crime?
(4) Did the Circuit Judge err in charging the jury that evidence of the bad reputation of the deceased was limited to the quеstion whether or not, in view of the fact, the defendant would have been justified in construing the acts of the deceаsed more harshly or acting more quickly?
The Pirst Question.
— The rule is that evidence of other specific instances of violenсe on the part of the deceased are not admissible, unless they were directed against the defendant, :оr, if 'directed towards
*169
others, were so closely connected in point of time or occasion with the homicide as reasonably to indicate the state of the mind of the deceased at the time of the homicide, or to produce reasonable apprehension of great bodily harm. A similar question in reference to the conduct of the
defendant
has recently been considered by this Court in the case of
State v. Gregory,
The appellant doеs not point out, either in his exceptions or argument, the particular testimony which was excluded, which alone would be sufficient to dismiss the contention of error. A careful examination of the testimony convinces us that the proposed evidence had no connection, either in point of time or effect, with the homicide, and under thе rule stated was properly excluded.
The Second Question. — The Circuit Judge charged the jury:
“There must have been no other reasonable means of escape. If a man can avoid the necessity without increasing his danger, then he must do it. However, he is not bound to retreаt, for (if?), by doing so he would increase his danger, but if he can do it without increasing his danger he must do if.”
The criticism of the charge is that there might have been a reasonable means of escape as a matter of fact, but
*170
that this, would nоt have deprived the defendant of his plea of self-defense unless it had so appeared to the defеndant as a man of ordinary prudence and firmness. The objection is hypercritical, for the element of “reasonableness” necessarily implies that such characteristic would have been apparent to a mаn of ordinary prudence and firmness; if it was not so apparent, it could not be considered as a reasonable means of escape. The charge is sustained by
State v.
Andrews, 73 S. C., 257;
The Third Question. — The Circuit Judge charged jury as follows:
“As to good reputation, you can consider that like аny other testimony. Not that the law says a man can kill another because he has a good reputation, but the jury can take the good reputation into consideration in determining whether or .not he committed a crime.”
The appellant’s objection to this charge is that:
“The jury shоuld not have been limited, but the good reputation should have been considered, like any other testimony, throughout thе- whole case, and as bearing thereupon, without any limitation whatever.”
The charge by its very terms answers the aрpellant’s criticism. Evidence of the defendant’s good reputation for.peace and good order is strougly persuasive of his good character in that respect, and is offered for the very purpose stated by the Circuit Judge, to show the improbability that the defendant would have committed or did commit the crime chargеd. 30 C.. J., 170.
The Fourth Question. — The Circuit Judge charged the jury:
“The jury can also take into consideration the bad reputation of the deceased, because it is fоr the jury to say, *171 in weighing the bad reputation of the deceased, whether or not that would have justified a man in construing his аctions more harshly and of acting more quickly.”
The appellant’s objection to this charge is that:
“This testimony should have béen applied by the jury to the entire case, and may be useful in the consideration of the jury as to the intention of the parties, and may even be useful in generating a reasonable doubt, and should be considered as to who was the aggressor.”
Evidence of the reputation of the1 deceased for turbulence and violence is admissible only in cases in which the plea of self-defensе has been interposed, supported by some evidence, and as bearing upon that defense. 30 C. J., 170. It has a direct bearing upon each of the four familiar elements of the plea, but particularly upon the element of a reasonable apprehension of immediately impending danger upon the part of the defendant. This is the element manifestly that the Circuit Judge had in mind; and while it may also have had a bearing upon the questions of who provоked the difficulty and the reasonable means of escape, the charge doubtless would upon request havе been extended to them. The omission, in the absence of a request, does not constitute reversible error.
The judgment of this Court is that the judgment of the Circuit Court be affirmed.