State v. Howell

Supreme Court of South Carolina

State v. Howell

166 S.E. 409, 167 S.C. 380, 1932 S.C. LEXIS 210

CourtSupreme Court of South Carolina

DecidedNovember 9, 1932

Docket13508

StatusPublished

Cited by1 cases

This text of 166 S.E. 409 (State v. Howell) 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. Howell, 166 S.E. 409, 167 S.C. 380, 1932 S.C. LEXIS 210 (S.C. 1932).

Pincite

Opinion

The opinion of the Court was delivered by

Mr. Justice W. C. Cothran, Acting Associate Justice.

After a conviction of murder and sentence to death, the appellant herein moved before the Circuit Court for a new trial upon after discovered evidence. His motion was refused, and this appeal is from the order of refusal.

The ground upon which the motion was made was that a juror, S. G. Windham, was related to the appellant by affinity, and also that the juror was prejudiced against him. At the hearing of the motion, the juror was examined in open Court, and after this examination and the reading of certain affidavits the Circuit Judge refused to grant the motion.

A complete history of this most mystifying case is set forth in the former appeal to this Court, as found in 162 S. C., 394, 160 S. E., 742. The very nature of this case in all its aspects has caused this Court to lend a most patient ear to the petition of the appellant on two occasions, but we can find no error in the ruling of the Circuit Judge, whose order and reasons therefor will be reported.

It is the judgment of this Court that the order of the Circuit Court refusing the motion for a new trial be, and the same is hereby, affirmed.

Mr. Chiee Justice Beease, and Messrs. Justices StabeEr, Carter, and Boni-iam concur.

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