State v. Henderson

Supreme Court of South Carolina

State v. Henderson

53 S.E. 170, 73 S.C. 201, 1906 S.C. LEXIS 162

CourtSupreme Court of South Carolina

DecidedJanuary 26, 1906

StatusPublished

Cited by3 cases

This text of 53 S.E. 170 (State v. Henderson) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Henderson, 53 S.E. 170, 73 S.C. 201, 1906 S.C. LEXIS 162 (S.C. 1906).

Pincite

Opinion

The opinion of the Court was delivered by

Mr. Justice Gary.

This is an appeal from an order sntaining the challenge to the array of petit jurors, on d-e *202 ground that the auditor, who is ex officio■ one of the jury commissioners, and who took part in drawing said jury, was related by consanguinity within the fifth degree to the person for the killing of whom the defendants were indicted.

1 In sustaining the motion, his Honor, the presiding Judge, said: “I am. constrained to the opinion that the laws and the decisions of our Supreme Court leave me no^ discretion where the jury commissioners, or any of them, is related to either the deceased or defendant within the sixth degree.”

The ruling was erroneous, as will be seen by the reference to the case of State v. Perry, in which the opinion has just been filed.

2 As the defendants, however, cannot now be tried by jurors drawn from said array, the appeal presents merely an abstract question, and the appeal is dismissed.

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