State v. Gunter
| Decision Date | 14 November 1923 |
| Docket Number | 11335. |
| Parties | STATE v. GUNTER. |
| Court | South Carolina Supreme Court |
Appeal from General Sessions Circuit Court of Aikin County; R. W Memminger, Judge.
Dozier Gunter was convicted of assault and battery of a high and aggravated nature, and he appeals. Reversed, and case remanded for new trial.
Williams Croft & Busbee, of Aiken, for appellant.
R. L Gunter, Sol. of Aiken, for the State.
The facts are sufficiently stated in the dissenting opinion of Mr. Justice FRASER. A majority of the court are of opinion that the charge of the presiding judge, in reference to the defense of protecting one's castle (although in an interrogative form), and to the relations of the defendant with the woman in the case, was calculated to prejudice the jury against the defendant and constituted reversible error. It is not necessary so to decide in this case, but we are not prepared to hold that a man, under the circumstances stated, is deprived of the right of self-defense, unless, as in State v. Emerson, 78 S.C. 83, 58 S.E. 974, his presence there was reasonably calculated to provoke a difficulty with the deceased, who was charged with the duty of protecting the woman.
The judgment of this court is that the judgment of the circuit court be reversed, and that the case be remanded to that court for a new trial.
GARY, C.J., did not participate.
The appellant was indicted for assault and battery, with intent to kill, upon one Herman Hancock. He was convicted of assault and battery of a high and aggravated nature.
The defendant had gone to bed and was asleep when he was waked up by a difficulty between Herman Hancock and a woman, Estelle Steedman, in an adjoining room. It is not clear from the evidence what was the right of the appellant in the room in which he was sleeping. The room was occupied at the time by a woman, Lennie Gunter, whom the appellant has since married, and their child. Whether the room was the room of Lennie and the appellant was staying with her, or the room was the room of the appellant and Lennie was staying with him, is not clear. Estelle Steedman drove Hancock out of her room and ordered him off the premises. Celas Hall also was present trying to get Hancock to go away. There is testimony that when Gunter joined in the demand, that Hancock should go away, Hancock resented it and threw a smoothing iron at Gunter and stooped and picked up a brick, and then Gunter shot Hancock.
His Honor said, in his charge to the jury, "If a man is lying up with a woman in a bawdy house, or something like that, can it be said that he is entitled to the protection of himself as he would be in a house where he lived and had his family?" The error alleged is that his honor thereby charged that...
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