State v. Boyleston
Supreme Court of South Carolina
Before S#asE, J., Barnwell, Summer Term, 1909. Indictment against Ralph Boyleston for murder of Cleveland Fanning. From sentence, defendant appeals. cite: Refusal of continuance was error: 50 S. C., 404; 79 S. C., 85. Cowht should admonish jury of uncertainty of tracks and trailing.: 44 S. W., 143; 35 S. E., 102; 36 S. E., 609. The Solicitor cites: Ordering case to trial was proper: 77 S. C., 240; 68 S. C., 144. This order is not appealable: 16 S. C., 453. Refusal of new…
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Before S#asE, J., Barnwell, Summer Term, 1909. Indictment against Ralph Boyleston for murder of Cleveland Fanning. From sentence, defendant appeals. cite: Refusal of continuance was error: 50 S. C., 404; 79 S. C., 85. Cowht should admonish jury of uncertainty of tracks and trailing.: 44 S. W., 143; 35 S. E., 102; 36 S. E., 609. The Solicitor cites: Ordering case to trial was proper: 77 S. C., 240; 68 S. C., 144. This order is not appealable: 16 S. C., 453. Refusal of new trial for insuiñcency of evidence is not renewable. 44 S. C., 339. Severance is discretionary zviih the trial Judge: 77 S.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
The defendant, Ralph Boyleston, was indicted for the murder of Cleveland Fanning on the 4th day of June, 1909, and the jury rendered a verdict finding him guilty of murder, with a recommendation to the mercy of the Court.
The following statement appears in the record:
“A motion for a new trial was made by the defendant, upon the ground that there was a total absence of evidence upon which the verdict could have been based; that the testimony showed conclusively, that although the defendant had been at or near the place, where the dead…
2Cases cited6 opinions
- State v. AdamsSupreme Court of South Carolina · 1904
- Deberry v. YoungTennessee Supreme Court · 1851
- Dantzler v. Cox & DantzlerSupreme Court of South Carolina · 1906
- State v. ReynoldsSupreme Court of South Carolina · 1897
- Morrison v. Mutual Benevolent Ass'nSupreme Court of South Carolina · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State v. LongSupreme Court of South Carolina · 1913
- State v. CriddleSupreme Court of South Carolina · 1923
- Bennett v. Columbia Electric Street Railway, Light & Power Co.Supreme Court of South Carolina · 1912
- State v. LongSupreme Court of South Carolina · 1913