State v. Brown

Citations

• 33 S.C. 151
• 11 S.E. 641
• 1890 S.C. LEXIS 113

Syllabus

<p>1. In determining whether an act has been constitutionally passed, this court cannot consider the entries in the journals of the two houses where these journals were not offered in evidence in the court below.</p> <p>2. Where a paper introduced in the house of representatives is written on a sheet with the printed heading, “A Joint Resolution,” which words, upon its inspection after ratification, are found to be erased and the words “A Bill” written in their stead, but there are no marginal notes to show t-hat such change was made in either house, it must be assumed that the change was made before its introduction in the house.</p> <p>3. A hill is required by the constitution to he read three times in both houses, but this requirement does not apply to amendments and alternations made in the passage, of the bill or contained in the report of a committee of free conference.</p> <p>4. The constitution does not prevent the last reading of a bill on the day of the final adjournment of the general assembly. The rules of a legislative body are within its own control and may he suspended at its pleasure.</p> <p>5. An acquittal under an indictment for burglary in breaking into the house of A is no bar to a similar indictment for breaking into the house of B.</p> <p>6. It must be assumed that an arraignment and all other proper steps in the conduct of the trial were duly had, in the absence of any statement in the “Case” to the contrary.</p> <p>7. There being some evidence in the case as to one of the necessary elements of the crime charged, it is for the jury to pass upon its sufficiency.</p> <p>8. Under an indictment for burglary, the prosecutor may testify that the place in which the burglary is alleged to have been committed, is his.</p> <p>9. Defendant cannot interrogate his own witness as to his testimony at the preliminary examination in the case.</p> <p>10.A charge to the effect that the prisoner indicted for burglary was a thief, and was guilty of the alleged cri