56 S.C. 576 | S.C. | 1900
The opinion of the Court was delivered by
The next set of exceptions seem to- relate to the matter of dying declarations, but in this matter also- it seems that the verdict of -the jury, “guilty of manslaughter,” has rendered it unnecessary that we should devo-te- much, if any, consideration to 'these particular exceptions. Certain it is that 'if. the dying declaration of John Sevier had been accepted by the jury, -they would have -established that h'is taking off by the -defendant was a cruel murder. The jury by their verdict say the deceased dying -declarations were erroneous ;■ that Stuckey had no malice in 'his heart towards Sevier on that occasion; that when Stuckey killed Sevier, it was -without malice, upon sudden heat and passion, and upon sufficient provocation. Why, therefore, any questions can be said to* arise in regard to John Sevier’s dying declarations, that he was murdered by Stuckey — that 'h-e not only had no weapon on that day, but had not owned or possessed a p-isto-l in years — we cannot well see. These exceptions are overruled.
It is the judgment of this Court, that the judgment of the Circuit Court be affirmed, and the action is referred to Circuit Court to enforce the judgment of such Circuit Court.