Legal Opinion

State v. James

Supreme Court of South Carolina

Decided June 30, 1921No. 10657PublishedCited by 8 opinions

Before DeVore, J., Pickens, September, 1920. W. C. James indicted for murder and upon conviction manslaughter with recommendation to mercy appeals.

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Before DeVore, J., Pickens, September, 1920. W. C. James indicted for murder and upon conviction manslaughter with recommendation to mercy appeals. The exceptions of defendant were as follows : < 1) That the presiding Judge erred in refusing the motion for new' trial, for the reason that it appears' from the record that after the jury had been charged, and sent to their room for deliberations, the defendant was taken from the courtroom to the jail, and that during the absence of the defendant from, the courtroom the jury was permjt'ted to come out into the courtroom and to ask for further…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Watts.

This is an appeal from an order of Judge DeVore refusing to grant a new trial. The following is a statement of facts:

“The defendant was tried upon the charge of murder at the September, 1920, term of Court for Pickens County. The jury rendered a verdict of ‘guilty of manslaughter, with recommendation to mercy,’ and defendant thereafter sentenced to serve three years in the State penitentiary at hard labor, or for a like period upon the public works of Pickens County. After the Court had charged the jury, and the jury had retired to…

2Cases cited2 opinions

  1. State v. HainesSupreme Court of South Carolina · 1892
  2. State v. BramlettSupreme Court of South Carolina · 1920

3Cited by8 opinions

  1. State v. ElmoreSupreme Court of South Carolina · 1983
  2. State v. SmartSupreme Court of South Carolina · 1982
  3. Miles v. StateIndiana Supreme Court · 1944
  4. State v. GrisafulliOhio Supreme Court · 1939
  5. State v. FarneSupreme Court of South Carolina · 1939

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