State v. Timmons
Supreme Court of South Carolina
Before Buchanan, J., Chesterfield, December, 1901. Indictment against Henry Timmons. From order setting aside verdict on motion of State, defendant appeals. cite: On main question: 47 S. C., 173; Riley, 273; 13 S. C., 285; 55 S. C., 253. cites: Appeal premature: 56 S. C., 540; 54 S. C., 234.
1Opinion of the Court
The opinion of the Court was delivered hy
Mr. Justice Gary.
The defendant was tried under an indictment containing two counts.
The jury rendered the following verdict: “Guilty of the second, not of the first count.” On motion of the solicitor, his Honor, the presiding Judge, granted .an order that the verdict be set aside and a new trial had. The defendant appealed upon the following exceptions:
“I. Because the Court erred in setting aside a verdict of acquittal on the first count, and in ordering a new trial, ior the reason that it will subject the defendant to a second jeopardy.
“II. Because it…
2Cases cited1 opinion
- State v. HughesSupreme Court of South Carolina · 1900
3Cited by6 opinions
- State v. MillerSupreme Court of South Carolina · 1986
- State v. ByarsSupreme Court of South Carolina · 1908
- Ex Parte MurraySupreme Court of South Carolina · 1973
- State v. GregorieSupreme Court of South Carolina · 2000
- State v. LooperSupreme Court of South Carolina · 2017
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