State v. Revels
| Decision Date | 04 July 1910 |
| Parties | STATE v. REVELS. |
| Court | South Carolina Supreme Court |
Appeal from General Sessions Circuit Court, Marlboro County.
French Revels was convicted of involuntary manslaughter, and he appeals. Affirmed.
Townsend & Rogers, for appellant. J. Monroe Spears, Sol., for the State.
The defendant was convicted of involuntary manslaughter and sentenced to two years on the public works of the county. The only question involved in the exceptions is whether there was any testimony tending to show involuntary manslaughter.
There was testimony that on the night of the homicide there was an ice cream supper given at the home of defendant, and that deceased, James Henry Jacobs, who was the brother-in-law of defendant, was present assisting the defendant, appearing to be partner. A crowd was present. In the yard a man and a boy were quarreling. Defendant told them he was not going to have any fuss there, and ordered the man Smith to shut up or get out, and Smith replied with an oath that he would hush or get out when he got ready. Defendant walked off saying that he would scatter the crowd, went into his house, and was returning along the passage in the direction of the front door with a cocked gun in his hand, when Allen Tolson caught hold of the gun, and requested defendant to put it up lest he cause trouble, and defendant said that he was not mad; that he would not hurt any one. The defendant told Tolson to turn the gun loose; it was cocked. About the time Tolson turned the gun loose the deceased, Jacobs, took hold of the barrel end, and they were pulling at the gun when it fired, the load striking deceased about the knee, from which wound he died. Immediately after the shooting, defendant said he would not have done it for anything in the world, and walked out of the house. Before he died, Jacobs said he was not mad with defendant, and would not hold it against him.
The testimony was sufficient to warrant an inference that the homicide was caused by the negligent handling of the loaded gun, within the definition of involuntary manslaughter as declared and enforced in State v. Gilliam, 66 S.C. 422, 45 S.E. 6.
The judgment of the circuit court is affirmed.
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State v. Reese
...was loaded or that his brother was in front of him, [defendant] pulled the trigger without meaning to do so"); State v. Revels, 86 S.C. 213, 214-215, 68 S.E. 523, 523 (1910) (a decedent grabbed and pulled on the defendant's cocked gun when it fired, fatally shooting decedent in the knee); S......
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State v. Dixon
...Case: "Instruction that homicide caused by the negligent use of a pistol is manslaughter, is correct." In the case of State v. Revels, 86 S.C. 213, 68 S.E. 523, the defendant was convicted of involuntary manslaughter. appears that the death was caused by the firing of a loaded gun, for the ......
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State v. Quick
...of a pistol or gun is guilty of manslaughter, unless the negligence is so wanton as to make the killing murder." See, also, State v. Revels, 86 S.C. 213, 68 S.E. 523, where the Supreme Court held: "The testimony sufficient to warrant an inference that the homicide was caused by the negligen......
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State v. Causer
... ... support a verdict for involuntary manslaughter. Both these ... questions were decided in the affirmative and against ... appellant's view in the cases of State v ... Gilliam, 66 S.C. 422, 45 S.E. 6, State v ... Tucker, 86 S.C. 211, 68 S.E. 523, and State v ... Revels, 86 S.C. 213, 68 S.E. 523, and we are satisfied ... that the decisions were correct. The charge of murder ... involves a charge of manslaughter, and therefore necessarily ... [70 S.E. 162.] ... involves both voluntary and involuntary manslaughter. The ... latter [87 S.C. 518] includes ... ...