State v. Sanders
Supreme Court of South Carolina
Before Rice, J., Columbia, June, 1915. James Sanders, convicted of murder, appeals. Refusing motion for new trial, the Circuit Judge said: “I could not even entertain a motion for a new trial and order a new trial without giving the State an opportunity to rebut those affidavits. What I mean to say, it would not be proper now for me on an ex parte showing to entertain a motion for a new trial on after-discovered evidence.
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Before Rice, J., Columbia, June, 1915. James Sanders, convicted of murder, appeals. Refusing motion for new trial, the Circuit Judge said: “I could not even entertain a motion for a new trial and order a new trial without giving the State an opportunity to rebut those affidavits. What I mean to say, it would not be proper now for me on an ex parte showing to entertain a motion for a new trial on after-discovered evidence. “I want to explain that that will not cut you out of making your motion, and in order to preserve your rights I will tell you now that I will not entertain that motion or…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Gary.
The defendant, James Sanders, and his wife, Adlee Sanders, were indicted for the murder of Charles T. Ellers; and, upon their trial, the jury rendered a verdict of “not guilty,” as to Adlee Sanders, and “guilty of murder,” as to James Sanders.
The sentence imposed upon the appellant by the Court, was, that he suffer death by electrocution, on the 16th of July, 1915. '
He appealed upon numerous exceptions, which will be reported.
The first exception is as follows:
1 “It is respectfully submitted that his Honor erred in overruling,…
2Cases cited2 opinions
- Franklin v. South CarolinaSupreme Court of the United States · 1910
- State v. FranklinSupreme Court of South Carolina · 1908
3Cited by20 opinions
- Swain v. AlabamaSupreme Court of the United States · 1965
- Aldridge v. United StatesSupreme Court of the United States · 1931
- Peterson v. StateSupreme Court of Alabama · 1933
- State v. McDonaldSupreme Court of South Carolina · 1937
- Green v. MaynardSupreme Court of South Carolina · 2002
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