State v. Gilbert

• Citation: 93 S.E. 125,107 S.C. 443
• Decision Date: 12 July 1917
• Docket Number: 9752.
• Parties: STATE v. GILBERT ET AL.
• Court: United States State Supreme Court of South Carolina

93 S.E. 125

107 S.C. 443

STATE v. GILBERT ET AL.

No. 9752.

Supreme Court of South Carolina

July 12, 1917

Appeal from General Sessions Circuit Court of Lee County; John S Wilson, Judge.

J Ellis Gilbert and others were convicted of assault and battery, and appeal. Affirmed.

Kelley & Levy, of Bishopville, and John H. Clifton, of Sumter, for appellants.

P. H Stoll, Sol., of Kingstree, for the State.

WATTS J.

The defendants-appellants were tried and convicted of an assault and battery of a high and aggravated nature upon the person of Miss Emily Broadway before Judge Wilson and a jury at the June term of the court, 1916, for Lee county. At the close of the state's testimony and at the close of all the testimony a motion was made for a verdict of acquittal as to Rawton Gilbert and Lawton Gilbert upon the ground that there was not sufficient evidence upon which to base a conviction as to them. This motion was refused. After conviction a motion for new trial was made and refused. After sentence defendants appeal.

Exceptions 1 and 2 impute error on the part of the judge in not directing a verdict of acquittal as to Rawton Gilbert and Lawton Gilbert, and later in not granting a new trial as to them on the ground that the record does not disclose evidence enough to warrant the verdict of guilty as to them.

A refusal to grant a new trial will not be disturbed if there is evidence to sustain the verdict. The evidence in the case discloses the fact that Miss Broadway was principal of Liberty hill school, and Ruby Gilbert and Lawton Gilbert were pupils in the school. A few days before Miss Broadway was assaulted and beaten she suspended Ruby from school. After this suspension Miss Broadway was requested by two of the trustees of the school to meet the father of Ruby to adjust the matter. While on the way to school and the proposed meeting as arranged by the trustees, Miss Broadway accompanied by her friend and fellow teacher, Miss Ethel Logan, was stopped on the public road by the Gilberts and severely beaten. This beating was inflicted by the women of the Gilbert family. None of the men, according to the evidence, actually struck her, but there is evidence that all were present during the assault. There is evidence that Lawton Gilbert and Rawton Gilbert, with their father, Ellis Gilbert, surrounded Miss Logan, Miss Broadway's companion and assistant teacher, while the female members of the Gilbert family were assaulting and beating Miss Broadway, and prevented Miss Logan from interfering. Rawton Gilbert was not a pupil in the school, but was present at the difficulty. There is evidence that the men joined the women when they came out of the house where the meeting was arranged for by the trustees; that they conferred together, and after that went and did meet Miss Broadway and her companion, and were present and saw the severe punishment inflicted on Miss Broadway.

It is the law that in crimes or misdemeanors under the degree of felony all persons concerned therein, if guilty at all, are principals. All persons who are present at the...