State v. Gardner
State v. Gardner
Opinion of the Court
The opinion of the Court was delivered by
Defendant, Thomas Gardner, was convicted of an assault with intent to kill J. K. West, and sentenced to one year’s imprisonment in the State penitentiary.
It is contended, first, that the testimony was admissible as relevant to defendant’s plea of self-defense. The ruling was in no wise prejudicial. It was not a -matter of dispute that West kicked or stamped defendant in the face while he was on the floor, after defendant had fired his pistol at West. The fact that this wound was received, its general nature and the circumstances under which it was inflicted, were given in evidence as an incident connected with the transaction under investigation. Whatever bearing it could have on defendant’s plea of self-defense, he got the benefit of it. But we do not think such details as the precise location and dimensions of the wound would throw any light on the case or the defense. Conceding a remote relevancy of the testimony, its exclusion was not material or harmful.
To bring a matter within the rule of res gestae the .act or declaration should be contemporaneous with the litigated transaction, must spontaneously spring, out of it and tend *478 to elucidate it, and must not be in effect a mere narrative of a past occurrence. State v. McDaniel, 68 S. C., 310, 47 S. E., 384.
The testimony of the physician, as to his examination of the wound on defendant after the difficulty was over, and the opinion he formed from such examination, do not fall within the rule of res gestae.
The judgment of the Circuit Court is affirmed.
Reference
- Full Case Name
- State v. Gardner.
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- 1 case
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- Syllabus
- 1. Continuance. — No abuse of discretion is shown in mere refusal of trial court to continue case because the employed attorney was summoned as a witness by the State and the one substituted had not had time to prepare the defense. 2. Evidence- — Physician—Res Gestae. — In an indictment for assault and battery with intent to kill, the opinion of a physician as to a wound received by defendant after shooting prosecutor and a detailed description of it is irrelevant and not part of res gestae.