Legal Opinion

State v. Crosby

Supreme Court of South Carolina

Decided March 9, 1911No. 7812PublishedCited by 10 opinions

Before Wieson, J., Anderson, January term, 1909. Indictment against John Crosby for murder of Ed Acker. Defendant appeals on the following exceptions: 1. “That his Honor erred in refusing the motion for continuance upon the grounds upon which it is based, (a) since defendant made a showing within) the requirements of the rule of Court, it was the first term after the homicide, the witness, Bailey, was a material witness, a white man who had been duly bound over, and under…

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Before Wieson, J., Anderson, January term, 1909. Indictment against John Crosby for murder of Ed Acker. Defendant appeals on the following exceptions: 1. “That his Honor erred in refusing the motion for continuance upon the grounds upon which it is based, (a) since defendant made a showing within) the requirements of the rule of Court, it was the first term after the homicide, the witness, Bailey, was a material witness, a white man who had been duly bound over, and under such circumstances it was beyond the discretion of the trial Judge to refuse the continuance; (b) and since it amounted to…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

The appeal herein is, from the sentence of death, imposed upon the defendant, John Crosby, for the alleged murder of Ed Acker.

The exceptions will be set out in the report of the case.

1 First Exception. Motions for continuance are addressed to the presiding Judge, and the refusal to grant such motion is not the object of appeal, unless there was an abuse of discretion, which has mot been made to appear in this case. State v. Pope, 78 S. C. 364 58 S. E. 815.

3 Second Exception. The jury had not then been empanelled, and we fail to see…

2Cases cited1 opinion

  1. State v. PopeSupreme Court of South Carolina · 1907

3Cited by10 opinions

  1. State v. BelcherSupreme Court of South Carolina · 2009
  2. State v. LivingstonSupreme Court of South Carolina · 1952
  3. State v. McDonaldSupreme Court of South Carolina · 1937
  4. State v. MishoeSupreme Court of South Carolina · 1941
  5. State v. LongSupreme Court of South Carolina · 1913

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