State v. McGraw

Citations

• 35 S.C. 283
• 14 S.E. 630
• 1892 S.C. LEXIS 160

Syllabus

<p>1. Public Officers — Presumptions.—In the absence of proof to the contrary, it will be presumed that a writ of venire was properly served upon the jury commissioners.</p> <p>,2. De Facto Officer — Jurors who are served with summons by one acting as deputy sheriff and who attend the court and are sworn, are lawful jurors.</p> <p>3. Separation of Witnesses — Conference with Counsel. — The solicitor may confer with a witness us to a fact in issue after witnesses have been separated by order of court; and therefore there was no error in permitting a witness who had thus been conferred with, to be afterwards sworn.</p> <p>4. Presence of Accused. — It is no ground for new trial that the defendant was in jail-while the jury were in their room considering their verdict, the defendant not having asked to be present in court, and being brought in before verdict rendered.</p> <p>5. Self-Defence. — The defendant being on trial for assault and battery with intent to kill, the trial judge charged the jury that defendant “must have believed that his life was in immediate danger, or that he was in danger of great bodily harm from which he had no other probable means of escape.” Held, no error.</p>