State v. Richardson
Supreme Court of South Carolina
The defendant, Aaron R. Richardson, was indicted for larceny of live stock, and put upon trial. After one witness was examined, solicitor asked to withdraw case on account of absence of witnesses. Case was withdrawn, and defendant put on trial next day for same offense under same indictment.
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The defendant, Aaron R. Richardson, was indicted for larceny of live stock, and put upon trial. After one witness was examined, solicitor asked to withdraw case on account of absence of witnesses. Case was withdrawn, and defendant put on trial next day for same offense under same indictment. Upon his entering the plea of former jeopardy, Judge Buchanan made the following order: Mr. Stenographer, at the calling of the State against Aaron R. Richardson, when called upon to plead, he interposes the plea of former jeopardy. The offense charged in the indictment is alleged to have been committed…
1Opinion of the Court
The opinion of the Court was delivered by
•Mr. Chief Justice McIvbr.
*1701 *168The defendant in this case was arraigned under an indictment for grand larceny, in stealing live stock, on the second day of March, 1896, and upon his arraignment pleaded not guilty, and thereupon a jury was duly empanelled and sworn, according to law, and charged with the trial of the case. The solicitor having open the case for the State and examined the prosecutor as a witness, discovered that one of his witnesses was absent, he having been permitted, by mistake, to go home, and he thereupon moved the Court “to withdraw…
2Cited by27 opinions
- Cornero v. United StatesCourt of Appeals for the Ninth Circuit · 1931
- Allen v. StateSupreme Court of Florida · 1906
- Hunter v. WadeCourt of Appeals for the Tenth Circuit · 1948
- Gillespie v. StateIndiana Supreme Court · 1907
- Loyd v. StateCourt of Criminal Appeals of Oklahoma · 1911
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