State v. Clyburn
Supreme Court of South Carolina
Before Cothran, J., Kershaw, September, 1881. Indictment against James Clyburn and Ella Sheorn for murder. When put upon their trial, defendants were informed that only thirty-two jurors were present, one juror not having been sworn and three having been excused by the presiding judge. Other facts are stated in the opinion. From the sentence of the court, Clyburn appealed.
1Opinion of the Court
The opinion of the'court was delivered by
McIyer, A. J.
The appellant and one Ella Sheorn were jointly indicted for murder and the jury rendered a verdict of guilty as to the appellant and not guilty as to Ella Sheorn. From the judgment rendered on this verdict an appeal has been taken by the defendant Clyburn upon two grounds:
1. “ Because his Honor the presiding judge erred in permitting the jury which tried the defendant to be empaneled from a list of thirty-two jurors instead of thirty-six jurors, which he was entitled to have, and Avhich' the law requires.
2. “ Because his Honor the…
2Cited by1 opinion
- Bunch v. Charleston & Western Carolina Ry. Co.Supreme Court of South Carolina · 1912