State v. McCalla
101 S.C. 303
S.C.
1915
Check Treatment

Lead Opinion

June 28, 1915. The opinion of the Court was delivered by This is an appeal from the sentence imposed upon the defendant, who was convicted of manslaughter. The question is whether a person is subject to conviction for involuntary manslaughter, when he is only guilty of ordinary negligence in handling a pistol which results in the killing of a bystander. The following cases show that the exceptions raising this question cannot be sustained. State v.Gilliam, 66 S.C. 419; 45 S.E. 6; State v. Tucker, 86 S.C. 211, *Page 304 68 S.E. 523; State v. Revels, 86 S.C. 213,86 S.E. 523.

The appellant's attorneys upon request were granted permission to review said cases, but this Court is satisfied that they embody sound propositions of law, and see no reasons for overruling the principles upon which they were decided.

Appeal dismissed.





Dissenting Opinion

The Judge's charge, in my opinion, was erroneous and prejudicial to the defendant. In accidental killing only is defendant guilty when he is guilty of gross negligence or criminal carelessness, and not ordinary negligence.