State v. Ezzard

Citations

• 41 S.C. 522
• 19 S.E. 854
• 1894 S.C. LEXIS 129

Syllabus

<p>1. Appeal — Hearing Ex Gratia. — In the absence of exceptions to, and notice of appeal from, an order of the Circuit Judge refusing a motion for new trial on the ground of after-discovered evidence, made before him after judgment of conviction had been affirmed on appeal, and in the further absence of notice of any motion to suspend appeal, there is nothing properly before this court: but on written consent of the State’s attorney that the papers on file, stating that these several steps had been taken, should be received as an agreed case, this court ex gratia, personal liberty being involved, but reluctantly, considered the motion.</p> <p>2. New Trial on New Evidence. — The after-discovered evidence being facts known to the defendant and his wife, who did not testify at the trial, and facts since discovered from witnesses beyond the jurisdiction of the courts of this State, no such prima facie showing has been made as would probably change the result, and, therefore, make it proper to grant the motion.</p> <p>3. Ibid. — Where matters were known to a defendant before the hearing of his appeal, but not acted upon until after remittitur sent down, he cannot then ask to have them considered as ground for new trial, as such motion should be made promptly.</p> <p>4. Ibid. — Power of Circuit Court. — After judgment of conviction affirmed and the case remanded, the Circuit Judge is without power to grant a new trial.</p>