Legal Opinion

State v. Kelley

Supreme Court of South Carolina

Decided March 9, 1896PublishedCited by 9 opinions

Before Townsend, J., Darlington, March, 1895. Indictment against James R. Kelley and J. Newton Kelley, charged with assault and battery with intent to kill upon C. D. Jenkins. Verdict, guilty, with recommendation to ■ mercy.

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Before Townsend, J., Darlington, March, 1895. Indictment against James R. Kelley and J. Newton Kelley, charged with assault and battery with intent to kill upon C. D. Jenkins. Verdict, guilty, with recommendation to ■ mercy. The defendants appeal upon the 'following exceptions: Due notice of intention to appeal was given, and defendants appeal to this court for error in the presiding judge refusing defendants’ motion for a new trial: 1. Because that the twelve additional jurors drawn to supply a deficiency in the regular jury were not presented to the defendants in the order and manner…

1Opinion of the Court

The opinion of the court was delivered by

Mr. Justice Pope.

The defendants having been convicted and duly sentenced for assault and battery with intent to kill, have appealed to this court. The grounds of appeal will be reported.

The first question, which is raised by the first and second grounds of appeal, may be thus stated: Is it legal, against the objection of defendants interposed at the time, to complete a jury for their trial from the names of juror's on a special venire, when the first four of such jurors are presented in advance of the other jurors constituting the special venire, and…

2Cited by9 opinions

  1. Hughes v. StateTennessee Supreme Court · 1912
  2. Palmer v. StateCourt of Criminal Appeals of Tennessee · 1968
  3. Young v. StateArizona Supreme Court · 1931
  4. Rodick v. Maine Central RailroadSupreme Judicial Court of Maine · 1912
  5. Harrison v. GreenMichigan Supreme Court · 1909

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