40 S.C. 349 | S.C. | 1894
Lead Opinion
The opinion of the court was delivered by
Under an indictment for the murder of James N. Newby, the defendant was convicted of manslaughter, and having been sentenced to confinement in the penitentiary, at hard labor, for the term of five years, appeals upon the several grounds which will hereinafter be considered. These exceptions impute to the Circuit Judge sundry errors in his charge to the jury ; and as they are based upon detached quotations from the charge, it is necessary that the entire charge should be set out in the report of this case, in order that the connection in which the words quoted as the basis of the several exceptions were used may be seen ; for it has been repeatedly held that the correctness of the charge must be determined, not by detached sentences, but by a consideration of the charge as a whole. It should also be observed that there was no controversy as to the fact, that the deceased was killed by the prisoner, and the only question for the jury was as to the character of the homicide — whether it was murder, manslaughter, or excusable as done in self-defence.
The judgment of this court is, that the judgment of the Circuit Court be affirmed.
These exceptions were as follows: III. Because his honor errecl in charging the jury as follows : “I say to you, that if the defendant here did as he says he did, and, not having any malice, got up from a table at which the deceased was sitting, for the purpose bona fide of avoiding a difficulty, and the conduct of the deceased was so provoking as to ai'ouse his blood, to temporarily lose control of his passions, then it would be manslaughter.” V. Because, when his honor was requested to charge the jury, “That although the law ordinarily presumes malice from the use of a deadly weapon, this is not the case where the State introduces testimony as to the facts and circumstances attending the homicide,” and having said, “I so charge you,” he erred when he qualified it by addiug, “But you take it in connection with what I said to you in the direct charge,” without stating or indicating what part of the direct charge was to affect the proposition of law embodied in said request, or in what manner or to what extent it was to be affected.
Concurrence Opinion
I concur in the result. Opinion to be filed hereafter'.