Supreme Court of South Carolina· 6/22/1977

State v. Kirby

Citations

236 S.E.2d 33
269 S.C. 25
1977 S.C. LEXIS 256

How courts have described this case

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

finding that a mistrial was manifestly necessary where the solicitor died during trial
power of court to declare mistrial ought to be used with greatest caution under urgent circumstances, and for very plain and obvious causes
the trial judge is best situated to decide if there are compelling reasons for declaring a mistrial
“The power of a court to declare a mistrial ought to be used with the greatest caution under urgent circumstances, and for very plain and obvious causes.”
manifest necessity established when prosecutor died during trial and assistant prosecutor was unable to take over because he was \totally unprepared to prosecute the remainder of the case\ and \in no emotional condition to continue the case\
manifest necessity established when prosecutor died during trial and assistant prosecutor was unable to take over because he was “totally unprepared to prosecute the remainder of the case” and “in no emotional condition to continue the case”

Source: CourtListener parenthetical corpus (CC0).

Judges: Ness, Lewis, Rhodes, Gregory, Littlejohn

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Cited by

23 cases in this archive cite this case; the 20 most cited are listed.

Cites

8 cases in this archive are cited by this case.

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