State v. Jackson

Supreme Court of South Carolina

State v. Jackson

96 S.E. 416, 110 S.C. 273, 1918 S.C. LEXIS 38

CourtSupreme Court of South Carolina

DecidedJuly 17, 1918

Docket10033

StatusPublished

Cited by10 cases

This text of 96 S.E. 416 (State v. Jackson) 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. Jackson, 96 S.E. 416, 110 S.C. 273, 1918 S.C. LEXIS 38 (S.C. 1918).

Pincite

Opinion

The opinion of the Court was delivered by

Mr. Justice Hydrick.

Defendant appeals from sentence on conviction of arson, and assigns error, inter alia, in the refusal of his motion for a change of venue.

1, 2 In support of the motion, he submitted the affidavits of 20 prominent and respectable citizens of the county to the effect that- it was impossible for him to get a fair and impartial trial in Jasper county on account of prejudice against him, the inflamed state' of the public mind, and the popularity and influence of the prosecutor. . The State offered nothing to the contrary. The granting or refusing of motion for change of venue is in the discretion of the Court. But it is a judicial, and not an arbitary, discretion. Upon the showing made, defendant was clearly entitled to a change of venue. This view of the case makes it unnecessary to consider the other- grounds of appeal.

The judgment is reversed, and the case is remanded for a change of venue and a new trial.

Free access — add to your briefcase to read the full text and ask questions with AI

The opinion of the Court was delivered by

Mr. Justice Hydrick.

Defendant appeals from sentence on conviction of arson, and assigns error, inter alia, in the refusal of his motion for a change of venue.

1, 2 In support of the motion, he submitted the affidavits of 20 prominent and respectable citizens of the county to the effect that- it was impossible for him to get a fair and impartial trial in Jasper county on account of prejudice against him, the inflamed state' of the public mind, and the popularity and influence of the prosecutor. . The State offered nothing to the contrary. The granting or refusing of motion for change of venue is in the discretion of the Court. But it is a judicial, and not an arbitary, discretion. Upon the showing made, defendant was clearly entitled to a change of venue. This view of the case makes it unnecessary to consider the other- grounds of appeal.

The judgment is reversed, and the case is remanded for a change of venue and a new trial.

Cite This Page — Counsel Stack

Bluebook (online)

96 S.E. 416, 110 S.C. 273, 1918 S.C. LEXIS 38, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jackson-sc-1918.

Opinion

Related

Cite This Page — Counsel Stack