State v. Green

• Decision Date: 13 February 1894
• Citation: 18 S.E. 933,40 S.C. 328
• Parties: STATE v. GREEN.
• Court: South Carolina Supreme Court

18 S.E. 933

40 S.C. 328

STATE

v.GREEN.

Supreme Court of South Carolina.

Feb. 13, 1894.

Criminal Law —Confession of Co-CoxsriRATOR —Opinion Evidence.

1. A confession by a conspirator after the crime is accomplished binds him, but not his coconspirators.

2.Where the witness hail traced before the jury the peculiarities of accused's foot, and had shown how such peculiarities were reproduced in a track, it was error for him to express his opinion that the track which he saw was made by accused.

Appeal from general sessions circuit court of Laurens county; W. H. Wallace, Judge.

Charles Green was convicted of arson, and appeals. Reversed.

Defendant appealed from the judgment and verdict on the following grounds: "(1) Because his honor erred in refusing to charge the jury that if they believed that any confessions introduced in evidence were not made freely and voluntarily, without any inducement or circumstances inciiing hope of favor in the mind of the accused, or without any threat or violence producing conclusion or fear of punishment in the mind of the accused, they must not take such evidence into consideration. (2) Because his honor erred in charging the jury that whether the confessions of George Bowers and Wade Cannon were admissible in evidence was a question for the court, and not for the jury; and after it goes to the jury theyare not to consider the question of Its admissibility, but whether or not they believe it, and its force and effect (3) That his honor erred in allowing state's witness D. H. A. Mason to make prejudicial remarks on the witness stand, not connected with the case, and calculated to inflame the minds of the jurors against the prisoner. (4) Because his honor erred in allowing state's witness D. H. A. Mason to give his opinion as to when Charley Green ought to have been hung, and also to name special instances of his bad conduct. (5) Because his honor erred In allowing state's witness T. L. Johnson to give his opinion that a certain track found in the field was that of the defendant, Charley Green. (6) Because his honor erred in ruling that, if a conspiracy was established, the confession of one codefendant is the testimony of all. (7) Because his honor erred in refusing to charge, without modification, the fourth request, and in saying to the jury: 'In order to convict upon such testimony as that, —upon the testimony of circumstances, —the jury must be satisfied that the existence of these circumstances are consistent with the prisoner's guilt and inconsistent with his innocence, because, if they are not inconsistent with his innocence, then there is reasonable doubt of his guilt, so far as these circumstances are concerned.' (8) Because his honor erred in charging the jury that, in order to constitute guilt in a felony, it is not necessary that all the parties charged should actually participate in the act which of itself constitutes the offense. If they are present, knowing of, aiding, abetting, concurring, inciting, participating in, in any way, they are all in felonies upon an equal footing, —they are all principal felons. (9) Because his honor erred in stating to the jury that 'it is proven here, and...