State v. Rodman
Supreme Court of South Carolina
Before Shipp, J., Chester. July, 1910. Motion for new trial on after discovered evidence in State v. John Rodman. Defendant appeals. cite: Court below has jurisdiction: 80 S. C. 367; 82 S. C. 126. cites: Remedy was motion to stay sentence: 43 S. C. 410; 46 S. C. 566; 39 S. C. 436.
1Opinion of the Court
'The opinion of ¡the Court was delivered by
Mr. Chief Justice Jones.
The defendant was convicted and sentenced for the misdemeanor of obstructing a public road and on appeal to this Court the judgment was affirmed June 13, 1910, and remittitur was sent down, 86 S. C. 154. Thereafter, at July term, 1910, of General Sessions for Chester county, a motion for new trial on after discovered evidence was made before Judge Shipp, who dismissed the matter on the ground that he had no jurisdiction to hear the motion after the remittitur had been sent down.
The Circuit Court has jurisdiction to entertain…
2Cases cited2 opinions
- State v. LeeSupreme Court of South Carolina · 1908
- Mills v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1909
3Cited by2 opinions
- State v. HawkinsSupreme Court of South Carolina · 1922
- State v. HawkinsSupreme Court of South Carolina · 1922