The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1894-01-17
The State, Respondent,
Singleton A. Mcintosh, Appellant.

Singleton A. Mcintosh Appellant
Points and Authorities Of Parker MCGOWAN, and Benet
Cason, for Appellant
For the second time Singleton A Mcintosh tried for the
murder n Newly The second trial was had before
his Honor Judge Norton the June Te lS93 of the Court OF
General Sessions for the County of Abbeville
The plea of the accused was Selfdefence.
The iury found verdict of equity of Manslaughter Recon-
mended to the mercy of the Court"
The sentence of the Court was years imprisonment in the
State Penitentiary at hard labor
From the Judgment the Court below Mcintosh appeals to
the Supreme Court grounds set forth the cease with Ex
ceptiOns" pages 80, and 34
The testimony we think fairly shows
l. That Mcintosh and Newly were the best of friends
That Mcintosh did not bring the dRcuy-on the con-
trary forbearing and ongsuerng and without fault
Newly not only insulting but Wantony violated
the laws of hospitality property and person:
@ smashing the dishes the breakfast table with heavy
dpper Mcintosh kindly demonstrated don't do that Crack
The smashing dishes repeated Mcintosh again says Sop
Crack don't break my wes dshesshe says always play the
devil when she leaves home"
b) Newly then nashes front of Mcintosh and says
"Damn you, I'll smash you in the same way"
(See testimony of Callahan, Harmon and Sheriff Mann)
s. Mcintosh quietly up from the table, without another
word his hat from off the cupboard and walks into room
opening into the dining and adjoining the in which
both had slept Thus "retreating' in his own house.
G. That Newby instead of continuing his breakfast gets up
from the table, walks down the table until opposite the door
through which Mcintosh had then turns and in the
recon of Mcintosh
7 Mcintosh who was Just entering hall the
bedroom Newby 'o stop and not any urther
Newly continues advance upon him and Mcintosh fires
barrel of gun Qoaed with bird sho into the door facing to
scare him." Folio 63.
g. That Newly sin place stopping giving back, ducked
his head moved forward and threw his right hand to his right
hand breeches pocket" Folio g.
g. That Mcintosh then fired the fatal shot
TO- That Mcintosh Immediately out of the house and
said he had killed Mr. Newly and sorry for it and COM
menced crying" Folio 10.
Points and Authorities.
We think all the elements seefence appear here and
think the Judge erred when he charged generally that man
and exhaust means of epe before he can
make out the plea of sdece and especially was the charge
misleading this because Mcintosh in his dwell
ing.
Exceptions H. w, vi and vi involve this idea They are
follows
that avail ones self of the plea of sedefence it must
appear that at the time the struck the fatal blow ne
assaulted that he believed that he had no other probable
of from immediate death or from immediate se
GUS bodily harm."
Exception W. Because his Honor erred in charging the jury
as follows "f you to the conclusion that he McInos
thought there other of escape then ought not
to give him the benefit of selfdefence."
Exception VI Because his Honor erred in charging the jury
that the deceased having entered defendants house defend
ants invitation I the business of the defendant to have
notified him he decease to leave else he must make out
plea of selfdeence as if had notified him."
Exception VII Because his Honor erred in charging the jury
that the time of the homicide the prisoner must have be-
eved that the deceased assaung him in such that
he had other probable of from that assault
cpt taking the life of the deceased by doing what he did
to prevent the loss of his le serious bodily harm to him
self"
The old rule of law that must retreat to the Wal u.s.
general principles obsolete and of date The rule good
when used only rks and daggers and swords and
compelled to be within arms length before fatal result But
since the introduction of firearms the danger great tWe
ty PAGES and the antique wall springs behind
at the moment and at the place where he reasonably believes
himself in danger of serious bodily harm regardless of the dis
tance.
In yan &a 81 Ind. 8O (28 Amer Rep. 52 Court
says he ancient doctrine to the duty of person aad to
retreat far he before he justified repeing force by
force has been greatly modified in this country and has much
application than formerly The real question did the
defendant when assaulted believe and have to believe
that the of deadly to his safety
But in event bound to retreat in his home
His house is his castle and in it he is lord.
The Circuit Judge seemed think and not slow impress
his view the jury that invited by the of house to
tell him to co. and G to only such force to
ect him. Again "The law requires that when you have al
lowed friend to enter your door, you give him reasonable
notice to leave door before you eject him. Foos $780,
Absacy this may be true but circumstances alter all
and under the facts in this we'll calculated to msead
the jury An inexble rule of this kind would give
rated guest every advantage and put the host absolutely his
power,
True Mcintosh had not ordered him leave. The very
that he did not proof positive that he wished to avoid diff
Guilty. assuch order would have pecpitated fight at the
breakfasfbe Instead he quietly leaves without word
NeWby follows him. NeWby ordered to top" and advance