State v. Briggs

Citations

• 27 S.C. 80
• 2 S.E. 854
• 1887 S.C. LEXIS 104

Syllabus

<p>1. The continuance or non-continuance of a cause is a matter of discretion which must of necessity rest with the Circuit Judge.</p> <p>2. A demand by the prisoner for a copy of the indictment made after the trial had commenced, and more than three days after his arraignment, was properly refused.</p> <p>3. Under an indictment for murder, the panel having been exhausted without obtaining a single juror, the trial was adjourned over until the next week. Held, that the prisoners were not entitled to a discharge upon the ground of former jeopardy. State v. Shirer, 20 S. O., 393, approved and followed.</p> <p>4. The panel being exhausted by the challenges of the four prisoners on trial, the deficiency should have been supplied by issuing a venire for additional jurors as prescribed by law. Gen. Stat., $ 2255. It was. irregular to postpone the trial to another week before another original-jury; for a trial once entered upon should not be adjourned over except where extraordinary circumstances so require.</p> <p>5. The right of challenge is regarded as sacred; and where a prisoner was allowed only twelve challenges, because he had exhausted eight; of another jury the week before, the court committed error of law,, and the prisoner is entitled to a new jury.</p>