State v. White

Citations

• 15 S.C. 381
• 1881 S.C. LEXIS 84

Syllabus

<p>1. At the drawing of talesmen in open court, the sheriff was within the bar, but did not see the drawing of one of the names. Held, no ground for arrest of judgment.</p> <p>2. In a murder ease the names of jurors were drawn from the hat by a boy supposed at the time to he under ten years of age, but who was really over that age. Held, that this unintentional violation of the rule of court furnished no ground for arresting the judgment.</p> <p>3. In an unimportant phrase of the indictment — one that could not possibly have misled and might have been rejected as surplusage — -the defendant was wrongly named. Held, an immaterial variance.</p> <p>4. Ealse spelling, which does not make another word representing a different thing, will not vitiate an indictment. JRaysor for razor is therefore an immaterial misspelling.</p> <p>5. The conclusion “ contra foi-mam statuti ” does not impair the validity of an indictment for murder at common law.</p> <p>6. Where the purpose is to impeach the credit of a witness by evidence of his contrary statements, he should be distinctly advertised as to the time when, the place were, and the person to whom such contrary statements, were made; hut it is not necessary to warn him of the purpose to contradict.</p> <p>7. Where the witness is the defendant on trial under indictment, this rule applies if the contrary statements are offered to impeach his credit as a witness, although such statements might he admissible under the proper rules, if offered in proof of his admissions relative to the matters in issue.</p> <p>8. But quere: Can the character of a defendant on trial in a criminal case, who has testified under the permission of the statute, he impeached by attacking in any manner his credit as a witness ?</p> <p>9. It being conceded that the defendant had inflicted the fatal wound, the trial-judge violated Article IV., Section 26, of the constitution, in charging the jury “that no doubt a cruel, brutal and savage homicide had been comm