State v. Derrick

Citations

• 44 S.C. 344
• 22 S.E. 337
• 1895 S.C. LEXIS 78

Syllabus

<p>1. Drawing and Service op Jurors. — Where the venire facias is duly issued and served, and the jury epmmissioners assemble thereunder and draw jurors, who are duly served and attend (except one returned as non est inventus and not shown at the trial to be within the State), the indictment found by such grand jury will not be quashed, nor a challenge to the array of petit jurors sustained, because of the failure to have the service upon the jury commissioners entered on the writ, and the failure of the sheriff to make return under oath of the service and manner of service upon the jurors.</p> <p>2. Confessions — Corroboration.-—If the ruling of the Circuit Judge as to a confession being voluntary can be reviewed at all, in this case he was careful not to submit it to the jury for consideration until it was shown to have been free and voluntary, and supported by facts stated in the confession which were corroborated by other testimony.</p> <p>3. Evidence in Reply.- — -Where a letter signed with deceased’s name is introduced in evidence by defendant, the State may prove in reply that the deceased could not write.</p> <p>4. Circumstantial Evidence — Confessions.—-Where the testimony is circumstantial, and a confession is in part corroborated by facts disclosed, there was no error committed by the trial judge in charging the jury that “the evidence is circumstantial and corroborative circumstantial,” and that “when confessions are corroborated by the circumstances, the jury should consider them as they consider other testimony.”</p> <p>5. Charging Juries — Confessions.—The jury were not misled nor the prisoner prejudiced by the charge that “if there be an element in the confession showing that it does not comport with the facts surrounding the confession, you are at liberty, and it is your bounden duty, to give them just as much credence as you believe, and just as you would other testimony.”</p> <p>6. Ibid.' — Opinion of Judge as to Facts. — The opinion of the trial