Supreme Court of South Carolina· 3/6/1896

State v. Kelley

Citations

45 S.C. 659
24 S.E. 45
1896 S.C. LEXIS 24

Syllabus

<p>Jury — New Trial.- — Where a jury is kept out for more than twenty-four hours with only two meals, in the meantime several times saying to the officer in charge that they could not agree, and desired to be discharged, and once making same statement to Judge, and are after-wards sent back to room with instructions to consider the case, and then find defendant guilty, a new trial will be granted. .</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

statute violated where jury deliberated from 4:00 p.m. until 6:00 p.m. the next day without lunch, indicated it could not agree, judge instructed jury to retire again, and foreman responded “[w]e have been in the room for twenty-four hours, and can’t agree”
court found violation of the predecessor statute to section 14-7-1330 where jurors were forced to continue deliberations while confined in the jury room overnight despite the fact that they sent word on two occasions that they desired to be let out

Source: CourtListener parenthetical corpus (CC0).

Judges: McIver

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