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

Case (cite)
State v. Davis, 55 S.C. 339 (S. C. 1899)
Year
1899
State
South Carolina
Type of proceeding
Appellate
Type of claim
Evidentiary
Expert evidence ruling reversing or affirming on appeal:
Admitted
What was the ruling?
Correct to Admit
Type of evidence at issue:
Firearms identification
Defense or Prosecution Expert
Prosecution
Name of expert(s) who were the subject of the ruling
T. B. McWhite, J. W. Baker, J. B. Earle
Summary of reasons for ruling
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
The jurisdiction’s standard for expert admissibility at the time – list all that apply: (Frye), (Daubert), (Post-2000 Rule 702), (Other)
N/A
Did lower court hold a hearing
N/A
Names of prosecution expert(s) two testified at hearing
N/A
Names of defense expert(s) who testified at hearing (or None).
N/A
Discussion of 2009 NAS Report (NAS2009) or PCAST report (PCAST)
N/A
Discussion of error rates / reliability
N
Frye Ruling
N
Limiting testimony ruling
N
Language imposed by court to limit testimony
N/A
Ruling based in prior precedent / judicial notice
N
Daubert ruling emphasizing – which factors – (list 1-5)
N/A
Ruling on qualifications of expert
N
Ruling on 702(a) – the expert will help / assist the jury
N
Ruling on 702(b) – the testimony is based on sufficient facts or data
N
Ruling on 702(c) – the testimony is the product of reliable principles and methods
N
Ruling on 702(d) – reliable application of principles and methods to the facts of the case
N

Notes