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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)
South Carolina
Type of proceeding
Type of claim
Type of claim (second claim)
Expert evidence ruling reversing or affirming on appeal:
What was the ruling?
Correct to Admit
Type of evidence at issue:
Firearms identification
Defense or Prosecution Expert
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)
Second standard
Did lower court hold a hearing
Names of prosecution expert(s) two testified at hearing
Names of defense expert(s) who testified at hearing (or None).
Discussion of 2009 NAS Report (NAS2009)
Discussion of 2016 PCAST report (PCAST)
Discussion of error rates / reliability
Frye Ruling
Limiting testimony ruling
Language imposed by court to limit testimony
Ruling based in prior precedent / judicial notice
Daubert ruling emphasizing – which factors – (list 1-5)
Ruling on qualifications of expert
Ruling on 702(a) – the expert will help / assist the jury
Ruling on 702(b) – the testimony is based on sufficient facts or data
Ruling on 702(c) – the testimony is the product of reliable principles and methods
Ruling on 702(d) – reliable application of principles and methods to the facts of the case