State v. Vari

Citations

• 35 S.C. 175
• 14 S.E. 392
• 1892 S.C. LEXIS 139

Syllabus

<p>1. Supreme Court — Jurisdiction—Proof of Venue. — Whether the venue charged in an indictment has been proved is a question of fact of which this court has no jurisdiction on appeal from the judgment based upon a verdict of guilty.</p> <p>2. Venue — Testimony by Juror. — Permitting one of the jurors to be called to the witness stand at the close of the testimony for the State, to prove that the place at which the crime was said to have been committed was in the county of the trial, as charged in the indictment, and then to return to the jury box and pass upon the case, was not error.</p> <p>3. Separation of Witnesses. — The fact that there had been an order excluding the witnesses from the court room during the trial, did not prevent the State from calling this juror, when the necessity arose, to prove the fact of venue, a fact having no connection with the other facts in evidence.</p>