State v. Malloy
Supreme Court of South Carolina
Before Wieson, J., Marlboro, March, 1912. Indictment against John Malloy. From order quashing indictment, State appeals on the following exceptions: 1. “His Flonor erred as matter of law in holding that the fact that the defendant was under indictment for killing the son of one of the jury commissioners was a ground for challenge in this case, the deceased being no relation whatever to any one of the jury commissioners. 2. “Because his Honor abused his discretion in quashing…
Read the full summary
Before Wieson, J., Marlboro, March, 1912. Indictment against John Malloy. From order quashing indictment, State appeals on the following exceptions: 1. “His Flonor erred as matter of law in holding that the fact that the defendant was under indictment for killing the son of one of the jury commissioners was a ground for challenge in this case, the deceased being no relation whatever to any one of the jury commissioners. 2. “Because his Honor abused his discretion in quashing the indictment and sustaining the challenge of the array of jurors upon the grounds stated. 3. “Because, it is…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Gary.
This is an appeal by the State, from an order quashing an indictment.
Upon the call of the case, and before the defendant was arraigned, his attorneys challenged the array of • grand jurors, on the following grounds:
“That the said grand jury was drawn, partly in 1911 and partly in 1912, from names put in the jury box by the jury commissioners, in 1911 and 1912, respectively, and that the said jurors were placed in the said box by the jury commissioners of Marlboro county, and the said grand jurors by the jury commissioners of…
2Cases cited2 opinions
- State v. PerrySupreme Court of South Carolina · 1906
- State v. HendersonSupreme Court of South Carolina · 1906
3Cited by5 opinions
- State v. RectorSupreme Court of South Carolina · 1930
- State v. RichardsonSupreme Court of South Carolina · 1928
- State v. HesterSupreme Court of South Carolina · 1929
- State v. RobinsonSupreme Court of South Carolina · 1919
- State v. Van VleetSupreme Court of Minnesota · 1918