Legal Opinion · Dissent

City of Columbia v. Myers

Supreme Court of South Carolina

Decided August 26, 1982No. 21784Published

1DissentNess, Justice

The majority states our holdings in State v. Penland, 275 S. C. 537, 273 S. E. (2d) 765 (1981) and Adams v. Orr, 260 S. C. 92, 194 S. E. (2d) 232 (1973) are consistent with their results in the present case. I disagree and dissent.

In Penland, supra, we held:

“Although counsel objected to the remarks of the solicitor during closing arguments, a motion for a mistrial was not made until after the verdict. One may not preserve a vice until he learns what the result will be and then, take advantage of the error on appeal____Ap-pellant’s failure to move for a mistrial constituted waiver.” 275 S. C.…

2Cases cited3 opinions

  1. State v. PenlandSupreme Court of South Carolina · 1981
  2. Adams v. OrrSupreme Court of South Carolina · 1973
  3. Holston v. JacksonSupreme Court of South Carolina · 1982

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