Legal Opinion

State v. Johnson

Supreme Court of South Carolina

Decided April 8, 1903PublishedCited by 19 opinions

Indictment against Tom Johnson for murder. From verdict of guilty and sentence, defendant appeals on the following exceptions: “1. Because his Honor, the presiding Judge, erred in not arresting the judgment and granting a new trial to the defendant when it appeared that the defendant was convicted by a jury not drawn according to law. 1. The sheriff was, contrary to law, allowed to draw the names of jurors from the jury box, and had in his possession the treasurer’s key, and…

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Indictment against Tom Johnson for murder. From verdict of guilty and sentence, defendant appeals on the following exceptions: “1. Because his Honor, the presiding Judge, erred in not arresting the judgment and granting a new trial to the defendant when it appeared that the defendant was convicted by a jury not drawn according to law. 1. The sheriff was, contrary to law, allowed to draw the names of jurors from the jury box, and had in his possession the treasurer’s key, and acted as jury commissioner as a substitute for the treasurer; thus acting in the capacity of jury commissioner and…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

Tom Johnson was convicted of the murder of Robert Parks, at the November term, 1894, of the Court of General Sessions for Edgefield County. Pending his appeal to this Court, he escaped and the appeal was suspended until his recent capture. From the record it appears that the dead body of Robert Parks was found in the Savannah River, with marks of violence on the face. Parks was last seen with the defendant going to the river to cross in a bateau, and the State endeavored to prove by circumstantial evidence that the defendant inflicted…

2Cases cited8 opinions

  1. Isenhour v. StateIndiana Supreme Court · 1901
  2. People v. SeamanMichigan Supreme Court · 1895
  3. Thompson v. IshSupreme Court of Missouri · 1889
  4. Wallace v. Western N. C. RailroadSupreme Court of North Carolina · 1889
  5. Atchison, Topeka & Santa Fé Railroad v. ThulSupreme Court of Kansas · 1884

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3Cited by19 opinions

  1. State v. LyleSupreme Court of South Carolina · 1923
  2. State v. RectorSupreme Court of South Carolina · 1930
  3. State v. WilliamsSupreme Court of South Carolina · 1974
  4. State v. WoodburySupreme Judicial Court of Maine · 1979
  5. Smith v. Southern BuildersSupreme Court of South Carolina · 1943

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