Supreme Court of South Carolina June 28, 1920, 10455 (State v. Leaks)

The opinion of the Court was delivered by

Mr. Cities Justice Gary.

The defendant was indicted for the murder of Herbert Smith; the jury rendered a verdict of guilty, and the sentence of death by electrocution was imposed on him, whereupon he appealed.

Tewis Brown, a witness for the State, thus testified as to the circumstances surrounding the homicide:

“We were all gambling with cards.