STATE v. SMITH

16952

226 S.C. 418 (1955)

85 S.E.2d 409

THE STATE, Respondent v. ELMORE SMITH, Appellant.

Supreme Court of South Carolina.

January 12, 1955.


Attorney(s) appearing for the Case

H.T. Abbot, Esq., of Conway, for Appellant.

J. Reuben Long, Esq., Solicitor, of Conway, for Respondent.


January 12, 1955.

OXNER, Justice.

This is an appeal from a conviction of assault and battery of a high and aggravated nature. The only questions involved are (1) whether appellant can invoke the defense of habitation, and (2) whether he is entitled to immunity from the law of retreat in undertaking to establish a plea of self-defense. The answers depend upon the status and rights of the parties at the time and place...

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