State v. Bethune
Supreme Court of South Carolina
Before Memminger, J., Clarendon, June, 1910. Indictment against Willie Bethune for murder. After sentence and appeal, on being called to say why a new day should not be assigned for execution of sentence, he said he Avas then insane. This issue was submitted to a jury in the Court of General Sessions, and upon their finding that he was sane a new day was set for his execution.
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Before Memminger, J., Clarendon, June, 1910. Indictment against Willie Bethune for murder. After sentence and appeal, on being called to say why a new day should not be assigned for execution of sentence, he said he Avas then insane. This issue was submitted to a jury in the Court of General Sessions, and upon their finding that he was sane a new day was set for his execution. He now appeals from the trial of this issue on the following exceptions : 1st. “That his Honor erred in not explaining to the defendant the indictment and the nature of the offense of which defendant had been convicted…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
The following statement is set out in the record:
“The defendant was tried for the murder of C. B. Mims before Gage Judge, Clarendon county, June, 1909. Defendant was convicted and from the judgment thereon appealed, which judgment was affirmed on appeal. Upon petition and a showing in proper form, setting forth that since conviction, the defendant had become insane, the Supreme Court stayed the remittitur. Thereafter, by order of the Court, the stay of the remittitur was revoked, and defendant allowed to plead, when called upon to say,…
2Cited by7 opinions
- Singleton v. StateSupreme Court of South Carolina · 1993
- State v. SmithSupreme Court of South Carolina · 1956
- State v. BethuneSupreme Court of South Carolina · 1912
- State v. WrightSupreme Court of South Carolina · 1955
- Sease v. South Carolina State HospitalSupreme Court of South Carolina · 1949
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