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State v. Nelson

Supreme Court of South Carolina
Mar 11, 1911
88 S.C. 125 (S.C. 1911)

Opinion

7818

March 11, 1911.

Before W.C. DAVIS, Special Judge, Sumter, April, 1910. Reversed.

Indictment against Thomas Nelson for housebreaking and larceny. Defendant appeals.

Mr. L.D. Jennings, for appellant, cites: As to capacity to commit crime: 15 S.C. 414; 54 S.C. 163; 16 Ency. 313; 22 Cyc. 623.

Solicitor P.H. Stoll, contra.


March 11, 1911. The opinion of the Court was delivered by


Where there is any testimony tending to show that a defendant, on trial for crime, was at the time of the alleged offense, under the age of fourteen years, it is error to refuse to charge that one under fourteen years of age is presumed to be incapable of committing crime, and the State must remove such presumption. State v. Toney, 15 S.C. 414; State v. Coleman, 54 S.C. 162, 31 S.E. 866. This does not mean that there must be direct and positive evidence of the fact of capacity independent and outside of the facts and circumstances of the transaction involved. But the question of capacity should be submitted to the jury under all the facts and circumstances in evidence. State v. Toney, supra.

Reversed.


Summaries of

State v. Nelson

Supreme Court of South Carolina
Mar 11, 1911
88 S.C. 125 (S.C. 1911)
Case details for

State v. Nelson

Case Details

Full title:STATE v. NELSON

Court:Supreme Court of South Carolina

Date published: Mar 11, 1911

Citations

88 S.C. 125 (S.C. 1911)
70 S.E. 445

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