State v. Lee

Citations

• 35 S.C. 192
• 14 S.E. 395
• 1892 S.C. LEXIS 141

Syllabus

<p>1. De Facto Officer. — A jury commissioner whose term of office has „ expired, and whose successor has been appointed by the governor and confirmed by the senate, may continue to discharge the duties of the office as an officer defacto until such successor qualifies according to law.</p> <p>2. Jury List — Tales Box. — Under a statute requiring a general box and a neighborhood tales box of names of persons from which juries are to be drawn, and permitting the same names within the neighborhood to be put into both boxes, except in the Counties of Orangeburg, &c., names of persons in the vicinity of the court house in Orangeburg County are not excluded from the general box, but the same names should not.be placed in both boxes.</p> <p>3. Recital of Statute. — A certificate of the board of jury commissioners is not fatally erroneous in declaring that the juries had been drawn under the act of 1883 (which has since been superseded), when the facts show that the law as it now stands has been fully complied with.</p>