State v. Rhodes

Citations

• 44 S.C. 325
• 21 S.E. 807
• 1895 S.C. LEXIS 70

Syllabus

<p>1. Motion for New Trial on the Ground of After-Discovered Evidence should be scrutinized with great caution, and will be refused where the new evidence relied on is the statement of a young and ignorant colored girl, made after the trial, that her testimony at the trial was false, and that improper means had been used to induce her so to testify.</p> <p>2. Exceptions — Appellant.—On appeal by one of three defendants in a criminal case, the appellant cannot be heard on exceptions which affect only the two defendants not appealing.</p> <p>3. Cross-Examination. — In the cross-examination of a witness, he may be asked whether he had not obtained liquor while on defendant’s premises on that day, which was Sunday, in order to test the witness’ condition for identifying persons as to whose presence he had testified, and such inquiry will not be construed as an effort on the part of counsel to prejudice the jury against the defendant because of his selling liquor on Sunday.</p> <p>4. Charging Juries — Outside Pressure. — There was no error in charging the jury, “You are kings in your capacity, and mortal man cannot touch your judgment,” the context showing that the judge was guarding the jury against outside pressure and not suggesting it to them.</p> <p>5. Motion eor New Trial — Appeal.—This court cannot review the determination of the Circuit Judge in refusing a motion for new trial, unless he thereby commits some error of law; and he does not commit error of law in declining to put his judgment against that of the jury as to the credibility of the witnesses.</p> <p>6. Charging Juries — -Alibi.—There was no error in charging the jury that “something has been said about an alibi; now an alibi is a dangerous defence, &c.,” as the charge clearly explained to the jury what an alibi was; and, moreover, while alibi was not pleaded or relied on as a defence, there was some testimony as to defendant’s not having left home on an occasion when he was charged by a witness to have