State v. Malloy
Supreme Court of South Carolina
Before Spain, J., Marlboro-, Spring term, 1912. Indictment against Joe Malloy for murder. Defendant appeals on the following- exceptions : 1. “The Court erred in overruling the challenge to the array of the grand jury and in holding that it was a legal grand jury, when it was drawn from a list not made up according- to law, as shown by the admitted facts set out in the plea; and they deprived the defendant of his- right to- be tried on a bill duly found by a legal grand…
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Before Spain, J., Marlboro-, Spring term, 1912. Indictment against Joe Malloy for murder. Defendant appeals on the following- exceptions : 1. “The Court erred in overruling the challenge to the array of the grand jury and in holding that it was a legal grand jury, when it was drawn from a list not made up according- to law, as shown by the admitted facts set out in the plea; and they deprived the defendant of his- right to- be tried on a bill duly found by a legal grand jury, in violation of the Constitution of the United States and of this State. 2. “The Court erred in refusing to quash the…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chibe Justice Gary.
The defendant was indicted and tried in July, 1912, for the murder of Prentiss Moore, on the 24th of November, 1910, and the jury rendered a verdict of guilty; whereupon the Court sentenced him to be electrocuted on the 9th of August, 1912, in the manner provided by the act, approved the 17th of February, 1912, which will be incorporated in the report of the case, together with section 946 of the Criminal Code of 1912, which prescribes the manner in which a person shall be hanged.
1 The defendant appealed upon exceptions, which…
2Cases cited9 opinions
- Calder v. BullSupreme Court of the United States · 1798
- In Re KemmlerSupreme Court of the United States · 1890
- Kring v. MissouriSupreme Court of the United States · 1883
- Hartung v. . the PeopleNew York Court of Appeals · 1860
- Rooney v. North DakotaSupreme Court of the United States · 1905
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