State v. . SavageState v. . Savage
- Reporters:
- Before:
- Faircloth
The prayer of the prisoner, that if the jury believed that his i’eason was dethroned, and. that he did the killing before he had time to cool, and without malice .aforethought, was correct as a l<?gal proposition, but the difficulty is that there was no evidence to support it.
Nothing had occurred to dethrone his reason, and His Honor might have told the jury without any qualification, that ample cooling time had intervened. The fatal blow was given with a concealed and deadly weapon, not in de-fence of the life of the prisoner’s kinswoman, nor to save her from great bodily harm, for she was not in danger in ■éithei’ respect. The remarks of ‘His Honor in the presence ■of the venire, pending the selection of the jury, were not calculated to do the prisoner any harm, especially as he disavowed any purpose to punish them for the expression of any «pinion they bright havé formed. The Subsequent action ■of the jurors as they were called, negatives the assumption that they had been intimidated by the Court. There being no other exceptions and no error appearing from thé record, thé judgment must be affirmed.
Let this be certified .in order that the Court below may proceed according to law.
•No error.
Per Curiam. Judgment affirmed.