State v. Marlowe
| Decision Date | 05 July 1922 |
| Docket Number | 10939. |
| Citation | State v. Marlowe, 120 S.C. 205, 112 S.E. 921 (S.C. 1922) |
| Parties | STATE v. MARLOWE. |
| Court | South Carolina Supreme Court |
Appeal from General Sessions Circuit Court of Greenville County; R Withers Memminger, Judge.
J. C Marlowe was convicted of manslaughter, and he appeals.Reversed.
Bonham & Price, of Greenville, for appellant.
D. W Smoak, Sol., of Greenville, for the State.
The appellant was indicted for murder and convicted of manslaughter.There was testimony tending to show that the appellant and the deceased were playing cards in a small room in the Elks' Club in Greenville.The appellant was a member of the club, and the deceased was not.How the deceased obtained admittance to the rooms of the club is not stated.The parties became involved in a personal difficulty.The appellant testified that the deceased struck him with a chair and seriously injured him, and was in the act of striking him again when he fired the fatal shot.
I.The first assignment of error was a charge that the presiding judge made to the jury in a previous case, some of the persons who served in the previous case were serving as jurors in this case.We have been cited to no authority and we know of none that holds that an erroneous charge in one case can be held to be error in another case, and these exceptions are overruled.
II.The next assignment of error is that his honor erred in excusing a juror after he had been accepted by both the state and the defendant.The juror asked to be excused on account of sickness.The appellant consented to allow the juror to be excused, and it is now too late to complain.
III.The next assignment of error is in allowing the solicitor to ask the defendant as to his association with Villa and others.The only purpose of this evidence was to discredit the defendant.The defendant did not put his character in issue, and it was clearly incompetent and...
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial
-
State v. Rounds
... ... Commonwealth, 133 Va. 669, ... 112 S.E. 861; State v. Bell, 38 So. Dak. 159, 166, ... 160 N.W. 727; Miller v. State, 139 Wis. 57, 75, 76, ... 119 N.W. 850; State v. Gordon, 128 S.C. 422, 425, ... 122 S.E. 501; State v. Laura, 93 W.Va. 250, 256, 115 ... S.E. 251; State v. Marlowe, 120 S.C. 205, 112 S.E ... If one ... be assaulted in his own house or curtilage, he need not flee, ... but may repel force by force in defense of his person. If his ... assailant comes only to beat him, the owner is justified in ... beating the assailant so far as to make ... ...
-
State v. Osborne
...club house, or upon the same farm or premises where both also reside and work. State v. Gibbs, 113 S.C. 256, 102 S.E. 333; State v. Marlowe, 120 S.C. 205, 112 S.E. 921; State v. Bowers, 122 S.C. 275, 115 S.E. State v. Bradley, 126 S.C. 528, 120 S.E. 240; State v. Gordon, 128 S.C. 422, 122 S......
-
State v. Davis
... ... Quick, 138 S.C. 147, 135 S.E. 800; ... State v. Hewitt et al., 205 S.C. 207, 31 S.E.2d 257 ... This is true whether the attack occurs in defendant's ... home, place of business, or elsewhere on property owned or ... lawfully occupied by him. It was also held in State v ... Marlowe, 120 S.C. 205, 112 S.E. 921, 922, that a member ... of a club, wrongfully attacked by another in the club rooms, ... was under no duty to retreat, the Court observing: 'A man ... is no more bound to allow himself to be run out of his rest ... room than [214 S.C. 38] his workshop.' In some ... ...
-
State v. Bolin
... ... State v ... Mills, 79 S.C. 187, 60 S.E. 664. These questions did not ... tend to impeach his credibility, but they tended to put his ... general character in issue, and the questions were ... prejudicial. State v. Knox, 98 S.C. 114, 117, 82 ... S.E. 278; State v. Marlowe, 120 S.C. 205, 207, 112 ... S.E. 921; State v. Barker, 128 S.C. 372, 122 S.E ... 494. They were asked of the appellant for the purpose of ... creating in the minds of the jury the impression that he had ... been a lawless citizen; that he had drawn his gun on other ... people, and that he had ... ...
-
B. Self-defense
...the householder). For a number of years, there was law that indicated there was no duty to retreat from one's club. See State v. Marlowe, 120 S.C. 205, 207, 112 S.E. 921, 922 (1922) ("A man is no more bound to allow himself to be run out of his rest room than his workshop."). This exception......
-
Appendix A Self-defense Instructions
...in Chapter 26 - Defenses and Lesser Included Offenses, as well. » No duty to retreat where... • at club if club member: State v. Marlowe, 120 S.C. 205, 112 S.E. 921 (1922) State v. Grantham, 224 S.C. 41, 77 S.E.2d 291 (1953) • at place of business employment: State v. Gordon, 128 S.C. 422, ......