State v. Bennett
Supreme Court of South Carolina
Before Izlar, J., Berkeley, June, 1893. Indictment against Grant Bennett and Peter Burno for murder. On the call of the docket of the First Circuit, on January 23, 1894, the solicitor moved to take up the appeal for argument on the call of the First Circuit docket. The Chief Justice stated that the same was not on the docket, and 1 that the clerk had informed him that the return had not been filed; consequently the court had no jurisdiction of the case.
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Before Izlar, J., Berkeley, June, 1893. Indictment against Grant Bennett and Peter Burno for murder. On the call of the docket of the First Circuit, on January 23, 1894, the solicitor moved to take up the appeal for argument on the call of the First Circuit docket. The Chief Justice stated that the same was not on the docket, and 1 that the clerk had informed him that the return had not been filed; consequently the court had no jurisdiction of the case. The solicitor stated that he waived any technicality, and would consent to the docketing of the case, as he was desirous of disposing of the…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice McGowan.
The defendants were charged with the crime of murder, in wrecking a passenger train on the South Carolina Railroad at Lincolnville, in the County of Berkeley, of the State of South Carolina, on the night of November 28, 1891, and thereby causing the death of one Mason Parker on the said passenger train. The cause came on to be heard before his honor, Judge Izlar, and a jury. There was much testimony, which is all printed in the record, including that of an employed detective. Under the charge of thejudge, the jury found both the…
2Cited by10 opinions
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- State v. GreenSupreme Court of South Carolina · 1951
- Robinson v. CommonwealthSupreme Court of Virginia · 1916
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