State v. Kelley

Citations

• 46 S.C. 55
• 24 S.E. 60
• 1896 S.C. LEXIS 38

Syllabus

<p>1. Jury Challenges. — The right of the accused in the matter of what persons shall compose the jury charged with his trial, is confined to such rejections as he may make Within the number allowed by the statute.</p> <p>2. Ibid. — Special Venire. — There is no rule of law or custom in this State which renders it necessary that every member of a special venire shall be present before the name of any one of the jurors included in such venire may be drawn and presented to the accused.</p> <p>3. Evidence — Diagram.—A picture taken by a photographer, who was present when the prosecutor was shot, of the window through which he was shot, of him in bed in the position in which he was shot, may be introduced as a diagram prepared by the photographer of the surroundings and position of the prosecutor at the time of the shooting.</p> <p>4. Evidence — Contradiction.—In the trial of this case, one J— was put up by the defence to prove an alibi. While on the stand the defence asked him if he had been charged with making offensive statements to the trial justice who issued the warrant for the defendants, about that act. He explained that he was so charged, but did not deny making the statements. The solicitor put up the trial justice to prove he did make the statements referred to. Defence objected, because it was irrelevant, aud because he did not deny making the statements. Held, by Mr. Justice Pope, that the testimony in reply was competent, as tending to test the veracity of the witness, and because the matter was material; by Mr. Justice Gary, that it was competent, because in reply to the testimony of the defence.</p> <p>Mr. Chibe Justice MoIver, dissenting.</p>