Legal Opinion

State v. Ballew

Supreme Court of South Carolina

Decided June 17, 1909No. 7224PublishedCited by 20 opinions

Before Gage, J., Greenwood, February term, 1908. Indictment against D. J. and D. W. Ballew for assisting prisoners in escaping from jail. Defendants appeal from sentence. cites: Trial Judge should not ask questions of witness tending to show his opinion of his evidence: Clark’s Crim. Proc., 460; 21 Ency.

Read the full summary

Before Gage, J., Greenwood, February term, 1908. Indictment against D. J. and D. W. Ballew for assisting prisoners in escaping from jail. Defendants appeal from sentence. cites: Trial Judge should not ask questions of witness tending to show his opinion of his evidence: Clark’s Crim. Proc., 460; 21 Ency. P. & P., 994; 30 S. C, 138; 112 111. App., 458; 1 Cvc., 219. Defense has the right to contradict a witness for State: 33 S. C., 197; 4 Current E, 1964; 58 S. C., 75; 70 S. C., 183. It is error to send to jury an issue not raised by pleadings: 11 Ency. P. & P., 159. Under indictment charging…

1Opinion of the Court

June 17, 1909. The opinion of the Court was delivered by The defendants were convicted on an indictment framed under section 268 of Criminal Code, the indictment charging that they "did wilfully and unlawfully convey into the county jail of Greenwood county, where prisoners were lawfully confined and detained, certain implements for the purpose of aiding and assisting prisoners therein confined to escape, said instruments being a cold chisel, hammer, and a bunch of keys, against the form of the statute in such case made and provided," etc.

The questions made by the appeal will be considered…

2Cases cited6 opinions

  1. State v. BarringtonSupreme Court of Missouri · 1906
  2. Trombley v. StateIndiana Supreme Court · 1906
  3. State v. LangfordSupreme Court of South Carolina · 1906
  4. Blassingame v. City of LaurensSupreme Court of South Carolina · 1908
  5. State v. FloydSupreme Court of Minnesota · 1895

1 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. State v. HesterSupreme Court of South Carolina · 1926
  2. State v. MayfieldSupreme Court of South Carolina · 1959
  3. State v. BakerIdaho Supreme Court · 1916
  4. State v. SimonSupreme Court of South Carolina · 1923
  5. State v. WarrenSupreme Court of South Carolina · 1945

15 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API