| State v. Jones, 133 S.C. 167, 130 S.E. 747 |
Defines simple assault and battery as an unlawful act of violent injury unaccompanied by circumstances of aggravation; identifies infliction of serious bodily injury as a circumstance of aggravation for high and aggravated assault and battery. |
The court relied on this authority to explain the correct definitions and to show that the trial court's substitution of "violent" for "serious" departed from those definitions; used as the leading pertinent authority in the analysis. |
| State v. White, S.C., 44 S.E.2d 741 |
Rule that a defendant is not entitled to complain of a charge when no amplification was requested of the trial judge. |
The court cited this authority in upholding the trial court's instruction on the right of a brother to defend a brother, noting that no request for amplification had been made. |
| 187 S.C. 439, 198 S.E. 1 |
Cited by appellants/respondent in relation to failure to instruct on assault and battery of a high and aggravated nature / propriety of not charging simple assault and battery. |
The opinion lists the citation among authorities submitted by counsel; the court's written analysis does not indicate it expressly applied or discussed this specific authority. |
| 210 S.C. 290, 42 S.E.2d 385 |
Cited by appellants regarding trial judge's instruction on assault and battery of a high and aggravated nature. |
The opinion records the citation in counsel's brief; the court's analysis does not specifically reference application of this authority. |
| 87 S.C. 532, 70 S.E. 306 |
Cited by appellants on the duty of the trial judge "to declare the law." |
The opinion records the citation in counsel's brief; the court's analysis does not specifically reference application of this authority. |
| 159 S.C. 165, 156 S.E. 353 |
Cited by respondent for the proposition that a defendant cannot complain of the charge when he did not request amplification. |
The court cited the general principle (and State v. White) concerning failure to request amplification; it did not explicitly discuss this specific citation in detail, but applied the general rule to the right-of-brother instruction. |
| 86 S.C. 367, 68 S.E. 633 |
Cited by respondent regarding "serious bodily injury" as the test for aggravated assault and battery. |
Included among authorities listed by respondent; the opinion relied primarily on State v. Jones for definition and did not expressly apply this specific citation in its discussion. |
| 151 S.C. 150, 148 S.E. 701 |
Cited by respondent as authority that a trial judge need not always charge the law of simple assault and battery. |
The court referenced the general argument by the State that a charge on simple assault might not be required under conclusive evidence of a higher degree; the court rejected that argument but did not specifically analyze this citation. |
| 159 S.C. 185, 156 S.E. 355 |
Also cited by respondent concerning propriety of not charging simple assault and battery. |
Listed in counsel's citations; the opinion does not indicate the court applied this specific authority. |
| 162 S.C. 413 |
Cited by respondent in the group of authorities on not charging simple assault and battery. |
The opinion lists the citation in counsel's brief; no explicit application in the court's analysis is stated. |
| 88 S.C. 127, 70 S.E. 447 |
Cited by respondent regarding the propriety of not charging simple assault and battery. |
The opinion records the citation among those cited by counsel; the court does not indicate it applied this specific case in its reasoning. |
| 80 S.C. 376, 61 S.E. 896 |
Cited by respondent for the proposition that error in giving instructions is not reversible unless the defendants were prejudiced thereby. |
The court considered the charge as a whole and concluded it could not say with confidence that no prejudice resulted; the opinion did not analyze this specific citation but applied the general prejudice principle in determining reversal was required. |
| 122 S.C. 286, 115 S.E. 252 |
Cited by respondent concerning the non-reversibility of instructional error absent prejudice. |
Cited in counsel's brief; the opinion discussed the prejudice standard but did not specifically apply this citation in detail. |
| 189 S.C. 281, 1 S.E.2d 190 |
Cited by respondent in relation to reversibility/prejudice doctrine. |
Included in counsel's citations; the court's analysis referred to the prejudice inquiry but did not discuss this particular citation. |
| 131 S.C. 94, 126 S.E. 445 |
Cited by respondent in support of the non-reversibility principle unless prejudice shown. |
Listed by counsel; no specific application by the court is indicated in the opinion text. |
| 24 C.J.S. 1007, 1009, 1017 |
Secondary authority cited by respondent on reversibility and prejudice. |
Cited by counsel; the court's opinion does not indicate any direct reliance on or analysis of these entries beyond noting the general doctrinal point. |
| 153 P.2d 315, 25 Cal.2d 177 |
Cited by appellants in reply on the difference between "violent injury" and "serious bodily harm." |
The reply citation is recorded in counsel's filings; the court adopted the distinction in its analysis (noting that "violent" was used inadvertently and that "serious" would have been appropriate), but the opinion does not explicitly analyze this particular out-of-state decision. |
| 138 S.W.2d 102 |
Cited by appellants in reply on the same distinction. |
Listed in counsel's reply; the opinion acknowledged the conceptual distinction but did not explicitly apply this specific citation. |