State v. Stewart

The opinion of the court was delivered by

Mr. Justice McGowan.

Lewis Stewart was tried for the murder of his wife, Frances, at the June term of the court, 1886, for the County of Laurens. At a previous term of the court, he had been arraigned and put upon his trial upon the plea of “not guilty,” but the jury failing to agree, a mistrial was directed. When the defendant was again placed in the dock for the offence, the Circuit Judge instructed the clerk that, as the prisoner had been arraigned and put to plead upon the former trial, nothing remained to be done but to organize a jury. To this…