State v. Parler
| Decision Date | 11 May 1950 |
| Docket Number | 16356. |
| Citation | 59 S.E.2d 489,217 S.C. 24 |
| Parties | STATE v. PARLER. |
| Court | South Carolina Supreme Court |
Hydrick & Hydrick, Orangeburg, for appellant.
Julian S Wolfe, Sol., Orangeburg, for respondent.
Under an indictment charging him with assault and battery with intent to kill and murder one, Clarence Felder, with a deadly weapon on January 1, 1949, the appellant was put upon trial in the Orangeburg County Criminal Court, and by verdict of the jury was found guilty of assault and battery of a high and aggravated nature. He was sentenced to serve two years upon the public works of Orangeburg County or a like period in the State Penitentiary.
At the close of the testimony offered by the State, the appellant moved for the direction of a verdict on the ground that the only reasonable inference to be drawn from the evidence was that he acted in self defense and in defense of his habitation and family. Following the verdict, a motion was made by appellant for a new trial upon the same ground as was stated in his motion for a directed verdict.
The motion for a directed verdict in his favor should have been made by appellant at the close of all the evidence,--that offered by the State and that offered by the Defense,--as required by Rule 76 of the Circuit Court. State v O'Shields, 163 S.C. 408, 161 S.E. 692; State v Ray, 147 S.C. 329, 145 S.E. 192. However, as the conviction and sentence involve the liberty of the appellant this Court in accord with its liberal policy under such circumstances, waives his failure to comply with the Rule, and will consider the question on its merits. State v. Lyles, 211 S.C. 334, 45 S.E.2d 181; State v. Stevens, 116 S.C. 210, 107 S.E. 906.
The appellant, Jaygo Parler, and the prosecuting witness, Clarence Felder, both of whom are negroes, resided and worked on the same plantation in Orangeburg County; they and their families lived about a half mile apart. Appellant admits that he shot Felder in the left side of his body, with a shotgun, a little after dark on New Year's Day, January 1, 1949; but he seeks to excuse and justify the shooting on the ground of self defense, and that he acted in defense of his home and family. It is likewise admitted that prior to the altercation which occurred between these parties, they and their families were on cordial terms, and had been friends for years.
The testimony of the State tends to show that on the morning of January 1st, the appellant went to the home of Felder, where much drinking of liquor was indulged in. He stayed at Felder's home until about two o'clock in the afternoon, after which they parted, and Felder went to feed and attend to the stock on the farm. After discharging these duties, he went to the home of appellant. The evidence is conflicting as to what occurred at appellant's home immediately preceding the shooting. Felder says that he visted appellant late in the afternoon, and while in his home they drank some wine. Shortly after dark, he got up to leave for his own home. When he was leaving by way of appellant's back yard, Parler asked Felder to lend him $5.00; and stated that if the loan was made, he would return it the next day. Felder told him that he did not have the money, and proceeded on his way toward the garden and the fowl house. This denial of the loan led to a warm intercharge between them of accusation and recrimination, as a result of which appellant shot Felder.
Deputy Sheriffs Gaskin and Collins made an investigation of the affair, and of the premises, the morning after the shooting. Gaskin stated that there was blood between the back door and the fowl house. This was corroborated by Collins, who stated that there was blood about twenty-five feet from the back steps of appellant's home,--between the back part of the house and the fowl house. Collins further stated that both Felder and Parler had been drinking, and that the appellant was pretty well intoxicated the night of the shooting when he arrested him and placed him in jail.
Appellant in his testimony admitted that on the morning of January 1st he went to the home of Felder, and that earlier that morning he had drunk one bottle of beer, but did not take another drink of any kind during the entire day. He gave this account of the difficulty between him and Felder: He said that late that afternoon he approached his house and saw Felder standing at the front door. When he asked Felder what he wanted, Felder replied that he wanted to see appellant's wife. He was ordered to leave by appellant, who said that he laid his hand on Felder's shoulder. They wrestled and fell out of the door together, after which, at Felder's request, they walked down the road a short distance, Appellant says he saw a knife in Felder's hand, so he returned to his own home. He does not say that Felder made any attack upon him.
About ten minutes after Parler's return home from this walk, he heard someone cough outside of his house, by the chimney. At the time he and his wife and children were in the house. When he heard the cough he went outside with his gun, and saw Felder standing by a window near the chimney. He...
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