State v. Stewart

Citations

• 26 S.C. 125
• 1 S.E. 468
• 1887 S.C. LEXIS 17

Syllabus

<p>1. The indictment in this case, by a reference back to its preceding allegations, charged with sufficient certainty the time and place of the mortal stroke.</p> <p>2. Defendant having been once arraigned on a charge of murder and a mistrial had, an arraignment at his second trial was unnecessary.</p> <p>3. The Circuit Judge committed no error in permitting the jury to disperse for the night, pending a murder trial, neither party objecting.</p> <p>4. Where the Circuit Judge distinctly charged correct propositions of law in the very words submitted by counsel, he committed no error in failing to add, “and I so charge you.”</p> <p>5. A charge to the jury must bo considered as a whole, and the meaning of every sentence determined by the context.</p>