State v. Anderson

Citations

• 26 S.C. 599
• 2 S.E. 699
• 1887 S.C. LEXIS 85

Syllabus

<p>1. Where the prisoner at the 'bar completes his jury without exhausting his challenges, he cannot except to errors of the judge in excluding or presenting jurors.</p> <p>2. Believing that the panel was exhausted, the trial judge ordered six additional jurors drawn, hut after the drawing of one of them it was discovered that one of the original panel had not been called. Thereupon this juror was presented, the former order was revoked, and a new order for additional jurors was made. Held, that in this there was no error.</p> <p>3. One of these additional jurors being in the court ropm, he was not summoned by a writ of venire. He was presented to the prisoner, accepted, and sworn! It was too late afterwards to object to the manner of his appearing.</p> <p>4. In stating and explaining the testimony to the jury, without indicating his own opinion upon the facts in issue, the tidal judge does not charge upon the facts.</p> <p>5. Failure to charge upon matters not requested, is not error of law.</p> <p>6. There was no error in permitting the prosecution to prove threats made by the defendant after the homicide, and that there was had blood between the prisoner and the family of the deceased.</p>