State v. Cunningham
Supreme Court of South Carolina
Before DantzuER, J., Greenwood, March term, 1910. Indictment against Jackson Cunningham for murder. Defendant appeals on the following exceptions: I. “Because his Honor erred in refusing to quash the array of petit jurors, the testimony clearly showing that the jury was not drawn in accordance with the statute law of this State, in that men were drawn to serve as jurors' who were competent, and who were laid aside without just cause or excuse. II.
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Before DantzuER, J., Greenwood, March term, 1910. Indictment against Jackson Cunningham for murder. Defendant appeals on the following exceptions: I. “Because his Honor erred in refusing to quash the array of petit jurors, the testimony clearly showing that the jury was not drawn in accordance with the statute law of this State, in that men were drawn to serve as jurors' who were competent, and who were laid aside without just cause or excuse. II. “Because the undisputed testimony showed that the jury commissioners did not exercise their own judgment, but allowed outsiders to influence them…
1Opinion of the Court
The opinion of tbe Court was deliv - ered by
Mr. Justice Gary.
This is an appeal from the sentence of death imposed upon the defendant for murder.
The exceptions will be reported.
When the case was called for trial, the defendant challenged the array of petit jurors, but his Honor, the presiding Judge, refused to quash the panel.
The first question that will be considered is, whether such ruling was erroneous.
1 The clerk of the court, upon being duly sworn, testified that three names were laid aside, when drawn out of the box. One, Pope Benjamin, was rejected on account of his mental condition,…
2Cases cited3 opinions
- State v. MillsSupreme Court of South Carolina · 1908
- State v. SmallsSupreme Court of South Carolina · 1906
- Ex Parte ReynoldsSupreme Court of South Carolina · 1904