State v. Quin

Supreme Court of South Carolina

State v. Quin

5 S.C.L. 515

DecidedJanuary 15, 1815

StatusPublished

This text of 5 S.C.L. 515 (State v. Quin) 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. Quin, 5 S.C.L. 515 (S.C. 1815).

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Opinion

Nott, J.

The only ground for a new trial in this case, is, that the prosecutor gave the first blow, and that the defendant struck in self-defence. Proof that the prosecutor was the aggressor, would not justify an enormous battery; nor, indeed, any, beyond the bounds of self-defence. On both points, there seems to be some doubt as to the facts in this case; it was, therefore, a proper case for the jury ; and although the defendant has not been guilty of a very great offence, he is not entitled to a new trial.

Smith, Bkevard, and Grimke, Js., concurred.

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Nott, J.

The only ground for a new trial in this case, is, that the prosecutor gave the first blow, and that the defendant struck in self-defence. Proof that the prosecutor was the aggressor, would not justify an enormous battery; nor, indeed, any, beyond the bounds of self-defence. On both points, there seems to be some doubt as to the facts in this case; it was, therefore, a proper case for the jury ; and although the defendant has not been guilty of a very great offence, he is not entitled to a new trial.

Smith, Bkevard, and Grimke, Js., concurred.

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Bluebook (online)

5 S.C.L. 515, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-quin-sc-1815.