State v. Wyse

Citations

• 32 S.C. 45
• 10 S.E. 612
• 1890 S.C. LEXIS 6

Syllabus

<p>1. Whenever the trial judge allows his opinion, upon any issue of fact in the case, or as to the force and effect of any testimony upon such issues, to reach the jury through his charge, the Constitution of the State is violated. Art. IV., $ 20. The defendant, charged with murder, having pleaded ‘‘not guilty,” the judge charged upon the facts when he told them that it was not a case of manslaughter, and when he communicated to them his own impressions adverse to the truth of the defendant’s testimony.</p> <p>2. The constitution guarantees the continuance of the right to a trial by jury as it then existed (Art. I., \\ 11); but such right is not affected by a statutory reduction of the number of peremptory challenges allowed to a prisoner charged with felony.</p> <p>3. Erom the refusal of the trial judge to order the jury to be polled when demanded, no appeal lies.</p> <p>4. The law of murder was correctly charged in this case.</p> <p>5. A juror sworn on his «oir dire answered the usual questions in-the negative, except that in answer to the question, whether he had formed any opinion on the case, he answered, “Not particularly” ; but when again interrogated, “ ‘Not particularly’ won’t do. Have you formed any opinion?” he answered “No.” He was then directed to be sworn. Held, that there was no ground for this court to interfere.</p> <p>6. Defendant cannot introduce evidence of declarations made by the deceased after he received the mortal wound, but not under the apprehension of certain death.</p> <p>7. The trial judge refused to permit defendant’s witness to say whether or not defendant was “trying to get out of the way,” just before the homicide, the judge saying that the witness must state facts. Held, that the question was properly excluded, as it sought to obtain the expression of an opinion.</p>