State v. Levelle

Citations

• 38 S.C. 216
• 16 S.E. 717
• 1892 S.C. LEXIS 225

Syllabus

<p>1. Resentence — Appeal—Dismissal.—After judgment of death by hanging, rendered by the Circuit Court, has been affirmed by the Supreme Court, with directions to the Circuit Court to assign a new day for execution, and a new day has been assigned by the Circuit Court for the execution of the original sentence, no appeal lies from the order assigning such new day. An appeal noticed from such order dismissed on motion, and the remittitur directed to issue at once.</p> <p>2. Remittitur. — It was not necessary that the clerk of the Supreme Court should incorporate into the remittitur the statement, that this court directed ' the Circuit Court to assign a new day for execution.</p> <p>3. Ibid. — This court, having dismissed an appeal on the ground that the matter was not appealable, may properly direct its clerk to transmit the remittitur immediately.</p>