Legal Opinion

State v. Lazarus

Supreme Court of South Carolina

Decided July 19, 1909No. 7250PublishedCited by 11 opinions

Before DeVore, J., Colleton,' March term, 1909. Indictment against Isaac Lazarus for murder of Dover Chisolm. From sentence, defendant appeals. cites: Lack of seal renders venire void: 2 Speers, 211; 65 S. C., 318.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

The trial of the defendant, Isaac Lazarus, at the March, 1909, term of the Court of General Sessions for Colleton county, for the murder of Dover Chisolm, resulted in his conviction for manslaughter and a sentence to two years on the chaingang. The sole point made by the appeal is that the grand jury, which found a true bill on the indictment, and the petit jury, which found the verdict, were illegal, and the trial and conviction a nullity, because the writ of venire facias lacked the seal of the clerk.

The defect was not brought to…

2Cases cited9 opinions

  1. Carden v. SpilmanTennessee Supreme Court · 1847
  2. United States v. GaleSupreme Court of the United States · 1883
  3. In Re WilsonSupreme Court of the United States · 1891
  4. Mew v. Charleston &. Savannah Ry. Co.Supreme Court of South Carolina · 1899
  5. State v. LangfordSupreme Court of South Carolina · 1906

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3Cited by11 opinions

  1. Grantham v. Board of County CommissionersCourt of Appeals of Maryland · 1968
  2. Himes v. DayCourt of Appeals of Maryland · 1969
  3. Berwyn Fuel & Feed Co. v. KolbCourt of Appeals of Maryland · 1968
  4. Meyer v. Gyro Transport Systems, Inc.Court of Appeals of Maryland · 1971
  5. Ventresca v. Weaver BrothersCourt of Appeals of Maryland · 1972

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