State v. Moore

Citations

• 24 S.C. 150
• 1886 S.C. LEXIS 15

Syllabus

<p>1. An indictment was headed with the name of the State and county, and alleged the county in which, and the court house at which, the court was holden, and then alleged that “the jurors of and for the county of -aforesaid, on their oaths present,” &e. Held, that all this was a part of the caption, which may he amended at any time; so that, even if it were proper to insert the name of the county where it was omitted, the defect would not be fatal. But it is not a defect, as in substance and proper intendment the word is there.</p> <p>2. The omission to state the court house or other place at which the crime was committed, the county being named, was not a fatal defect — the place in this case not being a matter of essential description of the crime.</p> <p>3. The indictment charged that the defendant, on a day stated and in the county named, “with force and arms, did wilfully and maliciously set fire to and burn the gin house of E., contrary,” &c. Held, that the indictment charged all that was necessary to make out the crime of burning a gin house under the statute. Gen. Slat., % 2480.1</p> <p>4. Under indictment for burning a gin house, evidence of defendant’s pecuniary condition is irrelevant and incompetent.</p> <p>5. In stating to the jury that it was possible for the prosecutor to have identified cotton and a basket, and in permitting the solicitor to give his version of the facts to the jury, the Circuit Judge committed no error.</p>