Legal Opinion · Dissent

McClain v. Anderson Free Press

Supreme Court of South Carolina

Decided March 25, 1958No. 17403Published

1DissentLeggs, Justice

In Coleman & Lipscomb v. Frasier, 4 Rich. 146, 38 S. C. 146, 53 Am. Dec. 727, evidence of Meigs’ declaration was, as Justice Moss points out, admitted on two grounds, to wit: (1) that the declaration was against the penal interest of the declarant, who at the time of the trial was dead; and (2) that it had been made in the defendant’s presence. But, the court having based its decision on both grounds, we cannot evade the consequences of the ruling on the first by saying that the decision might have been rested on the second alone. Where a decision is based on two or more grounds, the ruling…

2Cases cited11 opinions

  1. Donnelly v. United StatesSupreme Court of the United States · 1913
  2. United States v. Title Insurance & Trust Co.Supreme Court of the United States · 1924
  3. Hayes v. City of WilmingtonSupreme Court of North Carolina · 1956
  4. Sutter v. EasterlySupreme Court of Missouri · 1945
  5. Woodard v. Pacific Fruit & Produce Co.Oregon Supreme Court · 1940

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