State v. Gill

Citations

• 14 S.C. 410
• 1881 S.C. LEXIS 6

Syllabus

<p>1. Objection by a prisoner that jurors were improperly excused by the Circuit judge, comes too late after verdict, unless it appears that defendant was injured thereby.</p> <p>2. The Circuit judge excused two jurors, one of whom, summoned under the general venire, lived at a distance from the court-house, and in his stead was called a juror from that vicinity; but the prisoner, afterwards put upon his trial for murder committed at the court-house, did not exhaust his peremptory challenges. Held, that there was no ground for arresting the judgment.</p> <p>8. In a trial for murder, A was not permitted to repeat declarations made by deceased, a short time before his death, which deceased prefaced with the words “ If I die.” B, a brother of deceased, afterwards testified that deceased, a few moments before his death, when fully aware of his condition, made a statement, charging the prisoner with cutting him, and that A was then present. Held, that the Circuit judge did not err in permitting this declaration of deceased to go to the jury.</p> <p>4. Dying declarations, to be admissible in evidence, need not be, in any case, reduced to writing.</p> <p>5. The jury before agreeing upon a verdict in a capital case, returned into court and inquired of the presiding judge, whether they could, upon conviction, reeommend'the defendant to mercy; to which inquiry he replied ailirmatively. Held, that the judge committed no error in this, or in failing then to instruct the jury that such recommendation could not affect the sentence.</p>