State v. Hughes

3 Citing cases

  1. State v. Linder

    276 S.C. 304 (S.C. 1981)   Cited 89 times
    Holding that because the solicitor's duty is not to convict the defendant but to see justice done, the solicitor's closing argument must be "carefully tailored" to not appeal to personal bias of juror nor calculated to arouse his passion or prejudice"

    We conclude simply by stating that the law governing voluntary manslaughter should have been charged. See, State v. Hughes, 107 S.C. 429, 93 S.E. 5 (1917). Following the guilt phase of the trial, when the jury returned the guilty verdict, the trial judge conducted a jury poll.

  2. State v. Gardner

    64 S.E.2d 130 (S.C. 1951)   Cited 52 times
    In State v. Gardner, 219 S.C. 97, 64 S.E.2d 130 (1951), there was evidence the defendant and the victim were in a physical fight at the time of the stabbing.

    The rule is well established in this jurisdiction that on a trial for murder growing out of the use of a deadly weapon, it is unnecessary to charge the law relating to manslaughter where the testimony fails to suggest any theory upon which a verdict of manslaughter could rest. Statev. Edwards, 194 S.C. 410, 10 S.E.2d 587; Statev. Bealin, 201 S.C. 490, 23 S.E.2d 746; State v. Takis, 204 S.C. 140, 28 S.E.2d 679; State v. Martin, 216 S.C. 129, 57 S.E.2d 55. It is equally well settled that to warrant the Court in eliminating the offense of manslaughter, it should very clearly appear that there is no evidence whatsoever tending to reduce the crime from murder to manslaughter. State v. Norton, 28 S.C. 572, 6 S.E. 820. Also, see State v. Hughes, 107 S.C. 429, 93 S.E. 5. Voluntary manslaughter is usually defined as the unlawful killing of a human being in sudden heat of passion upon a sufficient legal provocation.

  3. State v. Epes

    209 S.C. 246 (S.C. 1946)   Cited 59 times
    Using defendant's inculpatory statements to prove corpus delicti; finding the statements were not confessions

    As to what constitutes involuntarymanslaughter: 45 S.E., 9. As to duty of trial judge tocharge the jury on the law of involuntary manslaughter: 107 S.C. 429, 93 S.E., 5; 26 Am. Jur., 542; 30 C.J., 396, 406-7-8; 23 S.E.2d 746, 201 S.C. 490. Messrs.