State v. Davis, 55 S.C. 339 (S. C. 1899)

Under an indictment for murder, the jury rendered a verdict of guilty. On appeal, defendant contended that the circuit court erred in receiving the testimony of three witnesses as to the condition of the gun found lying near the body of the deceased, as they were not experts. The court found that all of these witnesses testified that they were accustomed to the use of firearms and had observed the appearance which a gun would present after having been recently fired. The substance of their testimony was that neither the gun found lying near the dead body shortly after the homicide was committed, nor the empty shell taken from the gun, presented any of the appearances that would indicate that the gun had been recently fired. The testimony was competent. Also, the witnesses stated the facts showing the reason why they thought the gun had not been recently fired