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LEGETTE v. SMITH

16951

226 S.C. 403 (1955)

85 S.E.2d 576

HENRY LEGETTE, JR., by g/a/l and WORTHIE NEWELL, Adm'r, Respondents, v. EARL R. SMITH, Appellant.

Supreme Court of South Carolina.

January 12, 1955.

Attorney(s) appearing for the Case

J. Malcolm McLendon, Esq., of Marion, for Appellant.

James B. Dixon, Esq., of Marion, for Respondents.

January 12, 1955.

LEGGE, Justice.

On May 9, 1951, Edna N. Smith was shot and killed by her husband, Earl L. Smith. This action was brought by Henry Legette, Jr., her son by a former marriage, and Worthie Newell, as administrator of her estate, the complaint alleging that the homicide was unlawful, wrongful, intentional, felonious and malicious; that she had died intestate, survived by her said son and her said husband; that in consequence of the unlawful homicide...

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