State v. Wells
Supreme Court of South Carolina
Before MclvER, J., Sumter, Ball term, 1919. Joseph Wells, convicted of murder, with recommendation to mercy, appeals. cite: State had no right to exercise a peremptory challege after juror had been accepted by defendant: 36 S. C. 504; 43 S. C. 127. cite: Circuit Judge held that juror had not been presented to the prisoner at time of the State’s objection, whereas, in Haines’ case, relied on by appellant (gó S. C. 504), it was otherwise.
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Before MclvER, J., Sumter, Ball term, 1919. Joseph Wells, convicted of murder, with recommendation to mercy, appeals. cite: State had no right to exercise a peremptory challege after juror had been accepted by defendant: 36 S. C. 504; 43 S. C. 127. cite: Circuit Judge held that juror had not been presented to the prisoner at time of the State’s objection, whereas, in Haines’ case, relied on by appellant (gó S. C. 504), it was otherwise. Verdict should not be set aside unless defendant has been deprived of some substantial right: 70 S. C. 395.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
1 Defendant was convicted of murder, with recommendation to mercy, and sentenced to life imprisonment. He appealed, and assigns error in the selection of the jury, arising out of the following facts: E. H. Lyman, a juror, was called by the clerk. Mr. Clifton, who was assisting the Solicitor, said: “Present him.” Mr. Jennings, one of defendant’s attorneys, said: “Swear him.” But before he was sworn the juror informed the Court that he wanted to be examined on his voir dire, and he was so examined, over defendant’s objection. On his…
2Cases cited5 opinions
- State v. HainesSupreme Court of South Carolina · 1892
- State v. KelleySupreme Court of South Carolina · 1896
- State v. CasonSupreme Court of South Carolina · 1894
- State v. CoolerSupreme Court of South Carolina · 1919
- State v. BakerSupreme Court of South Carolina · 1919
3Cited by6 opinions
- Jones v. StateCourt of Criminal Appeals of Texas · 1998
- State v. MendozaWisconsin Supreme Court · 1999
- State v. BiltonSupreme Court of South Carolina · 1930
- State v. RectorSupreme Court of South Carolina · 1931
- State v. McDanielSupreme Court of South Carolina · 1980
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