State v. Pope
Supreme Court of South Carolina
Before Gage, J., Hampton, Indictment against J. Henry Pope, Jr., for murder. Frame sentence on verdict, defendant appeals. cite: No negligence being chargeable to defendant, he zvas entitled to process: 2 Bay, 62. Defendant was entitled to continuance notwithstanding agreement of solicitor to admit what he would swear to: 4 Ency.
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Before Gage, J., Hampton, Indictment against J. Henry Pope, Jr., for murder. Frame sentence on verdict, defendant appeals. cite: No negligence being chargeable to defendant, he zvas entitled to process: 2 Bay, 62. Defendant was entitled to continuance notwithstanding agreement of solicitor to admit what he would swear to: 4 Ency. P. & P., 865; 7 S. & M., 475; 7 Cow., 369; 6 Gal., 248; 107 La., 624; 99 Mo., 41; 50 Ark., 161; 77 Ala., 77; 117 Ala., 88; 98 Ky., 539; 26 find., 30; 91 Mo., 246., cite: Defendant did not comply zvith Rule 27, and hence not entitled to continuance: 66 S. C., 469;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
At the October Term, 1906. of the Court of General Sessions for Hampton County, the appellant was adjudged guilty of manslaughter and sentenced. At the call of the case, a motion for continuance beyond the term was made on behalf of the defendant upon the ground that a material witness, Dr. M. D. Peeples, was absent after having been duly bound over according to law. The witness was bound over on the 22nd of October, the day on which the term began, and was in attendance on the Court for some time but left after having- been warned…
2Cases cited4 opinions
- State v. MurphySupreme Court of South Carolina · 1896
- State v. WaySupreme Court of South Carolina · 1893
- State v. SmithSupreme Court of South Carolina · 1900
- State v. BoxSupreme Court of South Carolina · 1903
3Cited by7 opinions
- State v. FouquetteNevada Supreme Court · 1950
- State of Oregon v. Blount, Sr.Oregon Supreme Court · 1953
- State v. CrosbySupreme Court of South Carolina · 1911
- State v. HewittSupreme Court of South Carolina · 1945
- State v. MadrySupreme Court of South Carolina · 1913
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