State v. Bazen
Supreme Court of South Carolina
Before Gary, J., Florence, March, 1910, term. Indictment against R. D. Bazen. Defendant appeals. cite: There must be a lawful grand jury: 7 Rich. 338; art. V, sec. 22’, Con.; 59 S. C. 206; 54 S. C. 127, 145; 25 Stat: 237; Coo-1. Con. Dim. 89, 92; 28 S. C. 521; 67 S. C. 318; 9 Fla. 9. Appellant cannot show prejudicial error in grand jury room: 17 Ency. 1291, 1295; 2 S. C. 356; 4 Wig. on- Ev. 2361; 1 Whar. Am. Cr. D-, sec. 509-; 1 Whar.
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Before Gary, J., Florence, March, 1910, term. Indictment against R. D. Bazen. Defendant appeals. cite: There must be a lawful grand jury: 7 Rich. 338; art. V, sec. 22’, Con.; 59 S. C. 206; 54 S. C. 127, 145; 25 Stat: 237; Coo-1. Con. Dim. 89, 92; 28 S. C. 521; 67 S. C. 318; 9 Fla. 9. Appellant cannot show prejudicial error in grand jury room: 17 Ency. 1291, 1295; 2 S. C. 356; 4 Wig. on- Ev. 2361; 1 Whar. Am. Cr. D-, sec. 509-; 1 Whar. Ev., sec. 601; 62 Ala. 383; 30 Tex. 428; 146 111. 175; 6 A. & E. 236; 60 Ga. 145; 90 Md. 145 ; 28 D. R. A. 35. If one juror is illegal the presumption obtains…
1DissentJustice Hydricic
The defendant was tried for the murder of Eofton E. Poston, and was convicted of manslaughter and sentenced to three years at hard labor on the public works of the county, or in the penitentiary.
2 The first ground of appeal alleges error in the refusal of the Circuit Court to quash the indictment on the ground that the foreman of the grand jury, which found the bill, was a disqualified juror, being above the age of sixty-five years. The record contains no other statement than that the motion was made on that ground before the petit jury was empanelled, and that it was refused. It was held in…
2Cases cited5 opinions
- State v. RowellSupreme Court of South Carolina · 1906
- State v. RafeSupreme Court of South Carolina · 1900
- State v. GrahamSupreme Court of South Carolina · 1908
- State v. JohnsonSupreme Court of South Carolina · 1910
- State v. AddySupreme Court of South Carolina · 1888