State v. Franks
Supreme Court of South Carolina
Before Buchanan, J., Laurens, July, 1897. Indictment against T. B. Franks and Willie Franks for murder. Latter convicted and appeals. cite: Circumstances attending execution of affidavit may be explained: 55 Cal., 185; 2 Rich. R., 177; 16 How. (U. S.),p. 42; 7 Car. & Payne, 789. Contents of writing first shown by paper itself: Howell v. Reynolds, 12 Ala. cite: Error may be cured by afterwards permitting facts to come out: 43 S. C., 91.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
The defendants were indicted and tried for the murder of Mason Clark, before his Honor, Judge Buchanan, and a jury, at the July, 1897, term of the Court for Raurens County. The defendant, T. B. Franks, was acquitted, and the defendant, Willie Franks, was convicted of murder, with a recommendation to mercy. A motion was made for a new trial, but refused, whereupon Willie Franks was sentenced to the penitentiary for the term of his natural life.
1 He appealed upon exceptions, which will be considered in regular order, the first of which…
2Cited by3 opinions
- State v. KennedySupreme Court of South Carolina · 1910
- State v. HolmesSupreme Court of South Carolina · 1933
- State v. RoweSupreme Court of South Carolina · 1923