State v. Murphy

Citations

• 48 S.C. 1
• 25 S.E. 43
• 1896 S.C. LEXIS 147

Syllabus

<p>1. Criminal Law — Witness.—There is no authority in the criminal statutes of this State for the issuance of any process by which a witness in another State may be compelled, to come here and testify.</p> <p>2. Ibid. — Ibid.—Commission—Circuit Court — Solicitor—Continuance — Evidence.—There is no criminal statute in this State authorizing the issuance of a commission to take the testimony of a witness in a criminal case beyond the jurisdiction of the Court, nor has the Circuit Court the power to compel the solicitor to consent to such commission; but such commission may be issued by consent, and the Circuit Judge may use his power of continuance to induce the solicitor to consent.</p> <p>3. Circuit Judge — Continuance.—The Circuit Judge did not abuse his discretion in refusing the motion for continuance in this case in the light of all the circumstances.</p> <p>4. Juror — Criminal Law — Judge.—When a juror is examined on his voir dire, and it appears he is not indifferent in the cause, the Judge may stand him aside without presenting him to the prisoner.</p> <p>5. Criminad Law — Evidence—Conversation.—A bystander may testify as to conversations, or parts of conversations, which he heard the defendant have with a third person.</p> <p>6. Witness — Generad Reputation — Impeachment — Veracity.— Where a witness states that he knows a party’s general reputation, and thinks general reputation includes veracity, although he does not know his reputation as to veracity alone, he may say he would not believe such person on his oath.</p> <p>7. Exception — Appead—Objection.—An exception for admission of testimony not objected to at time, cannot be considered on appeal.</p>