State v. Dodson

Citations

• 16 S.C. 453
• 1882 S.C. LEXIS 18

Syllabus

<p>1. A motion for continuance is addressed solely to the discretion of the Circuit judge, and his ruling thereon is not appealable.</p> <p>2. Whether a juror is indifferent in a cause is a matter of fact to be finally determined by the 'Circuit Court. As matter of law, a juror is not incompetent who has formed an opinion from what he has read in the newspapers, or heard, but whose mind would not be thereby influenced — who is not sensible of any bias or prejudice, and who would be governed by the evidence.</p> <p>3. A prisoner cannot, in this court, object to the ruling of the Circuit judge that a juror was competent, when such juror was challenged by defendant, and he obtained his jury without exhausting his peremptory challenges.</p> <p>4. The wife of a prisoner, on trial, is an incompetent witness in his behalf. State v. Workman, (5) 15 S. C. 541, approved.</p> <p>5. The confession of one of the defendants implicating himself and others, is competent evidence against himseli) and should be proved as made, including the names of his confederates as stated by him, the jury being instructed that it is evidence only against the party who made the confession. State v. Workman, (4) 15 S. C. 541, approved.</p> <p>6. A party convicted of infamous crimes, and who has served out his sentence, is restored to his competency as a witness by a pardon afterwards granted.</p> <p>7. While defendants’ counsel were portraying to the jury the effect of a conviction, the trial judge, interrupting, cautioned the jury that their duty was to pass upon the facts regardless of the consequences of their verdict. JBeld, no error.</p> <p>8. In an arson case, where no mitigating circumstances appeared in the evidence, this court will not grant a new trial, because that the Circuit judge neglected to charge the jury that the prisoners might be recommended to mercy under the act of 1878 (16 Stat. 631), and their punishment thereby mitigated — no request so to charge having been made of him.</p