State v. Johnson

Citations

• 43 S.C. 123
• 20 S.E. 988
• 1895 S.C. LEXIS 144

Syllabus

<p>1. Trial — Stenographer.—Where a case proceeds to trial in the absence of the stenographer without objection, the trial judge taking notes of the testimony, an exception based upon such absence will not be sustained.</p> <p>2. Evidence — Riot—Secret Society. — Under an indictment for riot, testimony may be received to show that the defendants were all members of the same secret society, it appearing that the assault and battery, also charged in the indictment, grew out of a matter originating in the society.</p> <p>3. Statements to Jury — Objection.—This court will not consider objections raised for the first time by exceptions after trial to statements made by the solicitor before the jury.</p> <p>4. Evidence — Leading One’s Own Witness. — A party cannot impeach the credibility of his own witness, but this court will not declare error on the part of the trial judge in permitting a leading question by the State’s attorney to his own witness, who has inadvertently confused names in his first statements.</p> <p>5. Petition eor Rehearing refused.</p>