State v. Chambers

• Decision Date: 17 June 1940
• Docket Number: 15104.
• Citation: 9 S.E.2d 549,194 S.C. 197
• Parties: STATE v. CHAMBERS et al.
• Court: South Carolina Supreme Court

9 S.E.2d 549

194 S.C. 197

STATE v. CHAMBERS et al.

No. 15104.

Supreme Court of South Carolina

June 17, 1940

Hoke B. Black and Clarence A. Cappell, both of Greenville, for appellants.

Hubert E. Nolin, Sol., and W. E. Bowen, both of Greenville, for respondent.

STUKES Justice.

The following statement is taken from the agreed transcript of record in this appeal:

"The defendants, Cloyis Chambers, Garland Reeves and Mutt Rawlings, were indicted at the May Term of the Court of General Sessions, 1939, for Assault and Battery with Intent to Kill upon one J. J. Nickles, the weapons used being alleged in the indictment as a knife and pieces of iron. The case was thereafter certified to the Greenville County Court by the Clerk of Court. On July 13, 1939, the defendants were tried before His Honor, Oscar Hodges, and a jury. The jury returned a verdict of guilty of assault and battery of a high and aggravated nature as against the defendants, Cloyis Chambers and Mutt Rawlings; and a verdict of a simple assault and battery as against Garland Reeves.

"There was testimony on the part of the State to the effect that the defendant Rawlings cut the prosecutor with a knife, while there was also testimony on the part of the defense that the only weapon used by the said Rawlings was a broom handle.

"The circumstances attending the encounter are briefly as follows The prosecutor, J. J. Nickles and the defendants, Chambers and Rawlings, were at a house near the City of Greenville and that all three were drinking to some extent. The two named defendants were walking, and the prosecutor was in his truck. All three left the house together, the prosecutor having given the two defendants a ride back to town. When they reached a point near the home of the defendant and when the parties separated, there arose a dispute as to the ownership of a small quantity of whiskey which was on the seat of the truck. The prosecutor contended that it was his whiskey, while the defendants contended that they were the ones who had bought the whiskey and that it belonged to them. The prosecutor contended at the trial, that while they were arguing about the whiskey, the defendant Rawlings cut at him with a knife, while the prosecutor was still in the truck under the wheel, cutting the left lapel of his coat. He further testified that he then got out of the truck and that both the defendants jumped on him. The defendants contended at the trial, that although the whiskey was theirs, the defendant Chambers threw it back onto the seat of the truck and that the prosecutor then jumped out of the truck and attacked him (Chambers) with a piece of iron knocking him down. That Rawlings then went to the aid of Chambers and only used a broom handle, which was in the truck, in the attempt to rescue Chambers. Chambers admitted the use of the knife, contending that he used the knife in defense of himself after the attack on him by the prosecutor with the piece of iron. The Deputy Sheriff who made the arrest of the defendants testified that on the way to the jail, Rawlings, who was under the influence of whiskey stated to them that he was the one who had cut the prosecutor. Rawlings denied this at the trial. The defendant Reeves, was not with the parties when the affair began, but came from the house nearby and entered the affray but only used his fists. The wounds of the prosecutor were of a serious nature.

"The clothes, consisting of trousers, underclothes, coat and shirt, were separately identified, but introduced as a batch, the hat was introduced later, after being identified by a separate witness, the prosecutor. The clothes were cut and bloody, the coat having among other cuts, a gash of 4 or 5 inches on the left lapel, running downward. Chambers exhibited a wound on the leg, just above the ankle, which he testified was inflicted by the prosecutor during the course of the fight with the piece of iron. At the time of the identification and introduction of the clothes of the prosecutor, his wounds, their nature and position had already been testified to by the attending physician.

" Notice of a motion for a new trial was given and this motion was later heard and denied by Judge Hodges. The defendants were thereupon sentenced as follows: Cloyis Chambers and Mutt Rawlings for a period of 12 months each, and the defendant, Garland Reeves, for a period of 30 days or to pay a fine of $50.00.

"Notice of intention to appeal was, as to all defendants, within due time, served upon the County Solicitor. However, this appeal is prosecuted only on the parts of Cloyis Chambers and Mutt Rawlings."

There are five exceptions but appellants argue them under four questions which will be considered seriatim.

"1. Was there error in admitting into evidence, over objection, the bloody clothing of the prosecutor?" (Exception I)

The clothing worn by the prosecutor at the time of the affray was identified by witnesses for the State and admitted in evidence over the objection of the defendants made upon the ground that they were incompetent in view of the fact that the attending physician had already testified to the nature, number and location of the wounds upon the body of the prosecuting witness. Appellants cite in support of their position that such admission in evidence of the clothing was prejudicial error, 13 R.C.L. 928, a Nebraska case and several Texas cases. However, these authorities appear to be illustrative of a minority rule. In R.C.L., immediately preceding the quotation referred to by appellants in their argument, is found the following: "It is settled by numerous authorities that the clothing worn by the deceased at the time of his death may be introduced in evidence, proof first having been given of the identity of the articles of apparel and of their unchanged condition."

Furthermore the new text, American Jurisprudence, the successor of Ruling Case Law, states at page 602 of Volume 20, as follows: "Clothing of the accused or of the victim of a crime may be exhibited."

The only case touching the subject in this State which has come to our attention is State v. Symmes, 40 S.C. 383, 19 S.E. 16, 19, where clothing of the deceased was offered in evidence by the State in reply and the exception of the appellant thereabout was as follows: "Because the judge erred in overruling the *** objection to the introduction by the state's solicitor of the 'shirt and pants' of the deceased in reply; the defense having closed, and the introduction of said garments not having been offered in evidence by the state in the opening of the case." The exception was overruled and it was stated by the Court that the objection to the admissibility was that the introduction of the clothing in evidence was after the defense had closed and was not in reply to any evidence offered in behalf of the defense. Thus it is at least implied that there would have been no question of the admissibility of the clothing had it been offered by the State as a part of its case.

It is gathered from the meager record here that the doctor who had treated the prosecutor for his admittedly...