-
June 28, 1916. The opinion of the Court was delivered by On trial of defendant for assault and battery with intent to kill, a witness, Brown, testified on the part of the State that he was working in the room in which the fight occurred; that he did not see the fight, but heard some one hollo, and looked and saw Smith, the prosecutor, holding his left side *Page 359 and bending over; that he ran to him, but, before he did, saw the defendant going through the door; that when he got to Smith (and he said he was the first one to get to him), he asked him what was the matter; that he replied, "Oh, Brown, McKinney has cut me all to pieces;" that he asked, "What did you let him do that for?" and he replied, "He cut me before I knew what he was doing." The single question is whether this declaration was properly admitted as part of the res gestae. The following cases show that it was: State v. Belcher,
13 S.C. 459 ; State v. McDaniel,68 S.C. 304 ,47 S.E. 384 , 102 Am. St. Rep. 661; State v.Way,76 S.C. 91 ,56 S.E. 653 ; State v. Martin,94 S.C. 92 ,77 S.E. 721 .Judgment affirmed.
Document Info
Docket Number: 9398
Citation Numbers: 89 S.E. 353, 104 S.C. 358
Judges: MR. JUSTICE HYDRICK.
Filed Date: 6/28/1916
Precedential Status: Precedential
Modified Date: 1/13/2023