State v. Bennett

Citations

• 40 S.C. 308
• 18 S.E. 886
• 1894 S.C. LEXIS 142

Syllabus

<p>1. Supreme Court — Jurisdiction—Return.—The Supreme Court has no jurisdiction to hear an appeal until return filed, even though counsel consent; but counsel having agreed to the Brief as a sufficient return and then filed it, the appeal could be heard.</p> <p>2. Evidence of Detectives — Charging Juries. — The testimony of a detective, with compensation dependent upon conviction, is subject to the same rules that govern the testimony of other witnesses; and the jury were properly instructed to consider all the facts in determining what weight they should give to the evidence of the witnesses, though not so instructed in the very language of a request to charge.</p> <p>3. Appeal — Facts.—Alleged insufficiency of evidence to support a verdict cannot be considered by the Supreme Court.</p> <p>4. Impeaching Verdict — A Recommendation to Mercy included in a verdict of guilty of murder, does not invalidate the verdict; nor will it be disturbed on the affidavit of one of the jurors that he had doubts as to the prisoner’s guilt, and agreed to the verdict only because he believed the recommendation to mercy would procure a pardon or commutation of sentence.</p>