70 S.E. 309 (S.C. 1911), State v. Babb

Citation:70 S.E. 309, 88 S.C. 395
Opinion Judge:WOODS, J.
Party Name:STATE v. BABB. [D1]
Attorney:Cothran, Dean & Cothran, for appellant. Proctor A. Bonham, Sol., for the State.
Case Date:February 23, 1911
Court:Supreme Court of South Carolina
 
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70 S.E. 309 (S.C. 1911)

88 S.C. 395

STATE

v.

BABB. [D1]

Supreme Court of South Carolina

February 23, 1911

Appeal from General Sessions Circuit Court of Greenville County; Ernest Gary, Judge.

Tully Babb was convicted of manslaughter, and he appeals. Affirmed.

Cothran, Dean & Cothran, for appellant. Proctor A. Bonham, Sol., for the State.

WOODS, J.

The defendant, Tully Babb, having shot to death T. W. Knight, and having been convicted of manslaughter, appeals from the judgment on the ground that the circuit judge gave to the jury erroneous instructions as to the law of self-defense.

Knight had been for some time incensed either because of his suspicion of improper intimacy between the defendant and one of his daughters or because of some other real or fancied injury; and there was evidence that he had made threats to Babb himself as well as to others that he would kill Babb by cutting him with a knife. There was also evidence that Babb had made threats against Knight. On Sunday, the 12th day of June, 1910, Babb, having his wife in the buggy with him, started out to make a visit. Driving along a neighborhood road running sthrough Babb's own lands, as they were

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passing the house of one Oxner, they observed Knight near the roadside in conversation with [88 S.C. 397]Newt McKinney, who had stopped in passing. Knight, who was under the influence of liquor, and who had in one hand a bottle of whisky and in the other a knife, accosted Babb, saying that he wished to talk with him. Babb replied that he did not wish to have any trouble, and that he supposed the matter between them had been settled. As Knight approached, Babb got out, went to the back of the buggy, and warned Knight not to advance on him. Babb was in the road, which was narrow, and Knight, having taken off his coat, was at the roadside, on an elevated bank about two feet high with a gradual slope into the road, near enough to spring upon him. In this situation Babb shot three or four times. Knight walked back to Oxner's house and a few days afterwards died of his wounds. On the important point as to whether Knight was standing still or advancing on Babb threatening to cut him to pieces when Babb shot, the evidence was conflicting. Witnesses for the state testified that Babb got out of the buggy against the entreaty of his wife, who insisted that they should drive away from the scene...

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