State v. Nelson

Supreme Court of South Carolina

State v. Nelson

70 S.E. 445, 88 S.C. 125, 1911 S.C. LEXIS 100

CourtSupreme Court of South Carolina

DecidedMarch 11, 1911

Docket7818

StatusPublished

Cited by1 cases

This text of 70 S.E. 445 (State v. Nelson) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Nelson, 70 S.E. 445, 88 S.C. 125, 1911 S.C. LEXIS 100 (S.C. 1911).

Pincite

Opinion

The opinion of the Court was delivered by

Mr. Justice Hydrick.

Where there is any testimony tending to show that a defendant, on trial for crime, was at the time of the alleged offense, under the age of fourteen years, it is error to refuse to charge that one under founteen years of age is presumed to be incapable of committing crime, and the State must remove such presumption. State v. Toney, 15 S. C. 414; State v. Coleman, 54 S. C. 162, 31 S. E. 866. This does not mean that there must be direct and positive evidence of the fact of capacity independent and outside of the facts and circumstances of the transaction involved. But the question of capacity should be submitted to the jury under all the facts and circumstances in evidence. State v. Toney, supra.

Reversed.

Free access — add to your briefcase to read the full text and ask questions with AI

The opinion of the Court was delivered by

Mr. Justice Hydrick.

Where there is any testimony tending to show that a defendant, on trial for crime, was at the time of the alleged offense, under the age of fourteen years, it is error to refuse to charge that one under founteen years of age is presumed to be incapable of committing crime, and the State must remove such presumption. State v. Toney, 15 S. C. 414; State v. Coleman, 54 S. C. 162, 31 S. E. 866. This does not mean that there must be direct and positive evidence of the fact of capacity independent and outside of the facts and circumstances of the transaction involved. But the question of capacity should be submitted to the jury under all the facts and circumstances in evidence. State v. Toney, supra.

Reversed.

Cite This Page — Counsel Stack

Bluebook (online)

70 S.E. 445, 88 S.C. 125, 1911 S.C. LEXIS 100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-nelson-sc-1911.

Opinion

Related

Cite This Page — Counsel Stack