State v. Rucker
State v. Rucker
Opinion of the Court
The opinion of the Court was delivered by
This is an appeal from the sentence imposed upon the defendant for bastardy.
At the time his Honor, the presiding Judge, made the ruling, which gave rise to this exception, the solicitor had merely asked the question: “Did he ever deposit any money in your office, in this bastardy case?” The defendant’s’ attorney then made the objection, that an offer of compromise was inadmissible, for the purpose of showing the guilv of the prisoner, although no testimony relative to a compromise had been offered. Whereupon, his Honor, the presiding Judge, ruled that the declaration of a defendant is competent. If the question was competent, the objection should not have been made to it, but to inadmissible testimony thereby dieted. The question of competency must be determined by the state of facts existing when the objection is interposed. The evidence of an attempt to compromise in a criminal case is competent, it being for the jury to decide whether the effort indicated a consciousness of guilt or merely fear or anxiety to avoid the risk of a miscarriage of justice. State v. Wideman, 68 S. C., 119, 46 S. E., 769.
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The question was competent, as its tendency was ip develop such a state of facts, and the exception is overruled.
When this paper was offered for the purpose of being introduced in evidence, the defendant’s attorney simply said: “We object.” The objection was too general, and this exception is also overruled.
The third exception is disposed of by what has already been said.
The fifth exception was abandoned.
Appeal dismissed.
Reference
- Full Case Name
- State v. Rucker.
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- I. Compromise. — Evidence of an attempt to compromise a criminal case is competent on trial under indictment therefor, it being for the jury whether the effort indicated a consciousness of guilt or merely fear or anxiety to avoid the risk of a miscarriage of justice. .2. Bastardy — Public Policy. — It is not against public policy for a father to deposit money with an officer of the law for the mainten. anee of an illegitimate child. 3. Exceptions. — An objection to the introduction of a writing stating no grounds is too general. 4. Bastardy. — In order to find a party guilty of bastardy it is not necessary to find beyond a reasonable doubt that the reputed bastard is likely to become a charge on the county.