State v. Haines

Citations

• 36 S.C. 504
• 15 S.E. 555
• 1892 S.C. LEXIS 98

Syllabus

<p>1. Juror — Appeal.—This court cannot review findings of fact involved in a determination by the trial judge as to whether a juror, who has been examined on his voir dire, is indifferent or not.</p> <p>2. Ibid. — Challenge by State. — The State may challenge a juror in a trial for felony at any time before the prisoner accepts the juror, particularly where the trial judge, to wfhom is confided the conduct of a trial, so permits.</p> <p>3. Criminal Law — Waiter.—Where a prisoner is removed from thp court room to the jail when the jury retire to their room, and his presence at the rendition of the verdict dispensed with, under the directions of the judge at the special request of the prisoner’s counsel, the prisoner’s presence in the court room meantime, when the jury ask to have portions of the testimony read to them, is included in the intended ■waiver.</p> <p>4. Criminal Law — Presence of Accused. — A prisoner, under charge of felony, is entitled to be present at every step in his trial, original in its nature, but his presence is not necessary where portions of the testimony are read to the jury at their request, unaccompanied by any comments or instructions from the judge.</p> <p>5. Reading Testimony to Jury. — Where a jury returned to the court room with the request that a designated portion of the testimony be read over to them, the trial judge did not err in refusing defendant’s request to have it all read.</p> <p>6. Refusal of New Trial — Appeal.—This court has no jurisdiction to review an order of the Circuit Judge in a law case refusing to grant a new trial on questions of fact. And his failure to state the grounds upon which he based such refusal is not error.</p>