State v. Smith
Supreme Court of South Carolina
Before Prince, J., Lee, Fall term, 1910. Indictment against Lena Smith. ■ The State appeal's. cites: 73 S. C., 199 ; 20 Cyc. 1301; 56 S. O. 382. Mr. Smith, oral argument.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
This appeal is from an order of Judge Prince quashing an indictment for assault and battery with intent to kill, on the ground that L. A. Moore, clerk of the Court of Common Pleas and General Sessions for Lee county, and ex officio one of the jury commissioners who had drawn the grand jury presenting the indictment, was an uncle of the wife of the prosecutor.
The Circuit Judge thus clearly expressed that it was in the exercise of his discretion that he quashed the indictment because of the relationship of the clerk to the prosecutor.…
2Cases cited1 opinion
- State v. PerrySupreme Court of South Carolina · 1906
3Cited by3 opinions
- State v. RichardsonSupreme Court of South Carolina · 1928
- State v. HesterSupreme Court of South Carolina · 1929
- Turner v. Southern Railway CompanySupreme Court of South Carolina · 1936