The Montgomery advertiser., 1902-08-30
SCOTT V THE STATE.
Indictment for Murder.-Appeal from
 Circuit Court of Sumter

Indictment for Murder.-Appeal from the
 Circuit Court of Sumter.
 1. Organization of jury: when juror properly excused-When in his examina- tion touching the qualification of one who has been summoned as a juror for the trial of a murder case it is shown that he was on the grand jury when the indictment for an assault with intent to murder the deceased was found against the defendant for the same act with which he Is now charged with murder. and that said juror was on the defand- ants ball bond for his appearance in the present case it is not error for the court of Its own motion, to excuse such juror from sitting on the jury and ordering him to stand aside.
 ?. Trial and it's incidents: when not error for court to adjourn from court room to another room in the court house for the pupose of examining witnesses It Is not error, nor a ground of objec- ton from any point of view that during the trial of a criminal case the court. with the jury the defendant, officers of the court and attorneys repaired from the court room, where the trial was being conducted, to the sheriff,s office, which was in another part of the courthouse, for the purpose of examining a witness for the State who was suffering from rheumatism, ana WHO Cuttiu uOt pc brought into the court room without con- siderable pain to him.
 3. Homicide; charge as to freedom from fault in bringing on diffculty.-In a trial under an indictment for murder a charge is erroneous and properly refused which instructs the jury that If they believe from all the evidence that the defend- ant was reasonably free from fault in bringing on the difficulty, 1t cannot be said that he was responsible for bringing on the difficulty"
 f. Same; same.-In such a case, a charge is erroneous and properly refused which instructs the jury that under the evidence in this case the accused cannot be depTiVed of the right of self-defense under the charge of murder in the indict- ment even though the proof shows that the accused was in fault in bringing on the difficulty, unless 1t be further shown that he intended to bring it on, and to bring 1t on with felonious intent"
 5. Same; charge as to good character The good character of a defendant in a criminal case Is never of itself sufficient to generate a reasonable doubt of the de- fendant's guilt; and, therefore, charge is erroneous and properly refused which instructs the jury that If they find from the evidence that the defendant Is man of good character. they may consider that character in connection with the other evidence in the case in determining his guilt, and it may generate reasonable doubt of his guilt
 6. Same; charge as to fault Tn bringing on dfficulty.-On a trial under an indict- ment for murder a charge Is erroneous and properly refused which instructs the jury that If the defendant acted in self defense in the difficulty at the beginning, and even though he might have renewed if after the deceased retreated, yet If they believe that the defendant did not realize that the deceased had abandoned the difficulty, then they must acqWt the defendant.
 Affil med.
 Onininn by Haralson. J.