## Facts

- Coogler Clardy and Chris Herron attended Bethel Grove Church in Laurens County, South Carolina.
- On March 19, 1905, Herron was shot by a pistol in Clardy’s hands.
- Herron died about two weeks later from the gunshot wound.
- The prosecution’s evidence tended to show Clardy fired the pistol and caused Herron’s death.
- Clardy claimed the shooting was accidental during a friendly struggle over the pistol.
- Testimony conflicted on how the struggle occurred and whether Clardy handled the pistol with due care.

## Issues

1. Whether a homicide may be excused as an accident when the death results from handling a deadly weapon without due care.
2. Whether the trial court’s jury instructions on accident and due care misstated the law or improperly affected the jury’s consideration of the defense.

## Decision

- The Supreme Court of South Carolina affirmed the judgment against Clardy.
- The court held the jury was properly instructed that accident is not an excuse for killing with a deadly weapon unless due care was exercised in handling the weapon.
- Reading the charge as a whole, the court found no reversible instructional error and concluded the accident-versus-negligence question was for the jury on the evidence.

## Legal Principles

- A defendant who seeks exoneration for taking life with a deadly weapon on the ground of accident must show that due care was exercised in handling the weapon.
- An “unavoidable accident” may excuse a killing only if the defendant acted without unlawful intent and without culpable negligence.
- Where evidence permits a finding that the defendant lacked due care in handling a firearm, the jury may reject an accident defense and impose criminal liability.

## Conclusion

The court upheld the conviction because the trial judge correctly instructed that a firearm death is not excusable as a mere accident unless the defendant exercised due care, and the evidence allowed the jury to find the shooting resulted from negligent handling rather than an unavoidable mishap.


State v. Clardy, 73 S.C. 340 (S.C. 1906)