State v. David

Citations

• 14 S.C. 428
• 1881 S.C. LEXIS 8

Syllabus

<p>1. One convicted of murder moved at the same term for a new trial, upon the ground of insufficiency of evidence, which motion was overruled, and sentence was passed. At a subsequent term, but before execution of the sentence, this defendant moved for a new trial upon affidavits of after-discovered evidence, which motion was refused, upon the ground that there was no power to grant it. Held, that the Circuit Court did possess this power, but that it should be exercised with great caution.</p> <p>2. Appellant having waived the right to be present in this court at the hearing of his appeal — Held, that his presence was not necessary.*</p>