63 S.E. 743 (S.C. 1909), Ex parte Jones

Citation:63 S.E. 743, 82 S.C. 164
Opinion Judge:WOODS, J.
Party Name:Ex parte JONES. v. JONES. STATE
Attorney:Solicitor Sease, J. A. Sawyer, and P. D. Barron, for the State. Geo. Johnston, James Munro, and Townsend & Townsend, for respondent.
Case Date:February 27, 1909
Court:Supreme Court of South Carolina

Page 743

63 S.E. 743 (S.C. 1909)

82 S.C. 164

Ex parte JONES.

STATE

v.

JONES.

Supreme Court of South Carolina

February 27, 1909

Appeal from Circuit Court, Union County.

W. T. Jones was indicted for murder, and, from an order of the Chief Justice staying the trial pending an appeal from an order denying bail, the state appeals. Order reversed.

See, also, 63 S.E. 62.

Solicitor Sease, J. A. Sawyer, and P. D. Barron, for the State.

Geo. Johnston, James Munro, and Townsend & Townsend, for respondent.

WOODS, J.

The defendant, W. T. Jones, being imprisoned in the jail of Union county on the charge of murder, obtained from Judge Hydrick a writ of habeas corpus. The return was heard on 25th July, 1908, and on July 28th Judge Hydrick filed an order refusing bail. No notice of the order was served, but on August 10, 1908, defendant's counsel served notice of intention to appeal to the Supreme Court from the order refusing bail, and on September 8, 1908, served on the solicitor the proposed case for appeal. The court of general sessions for Union county convened on September 8th. After arraignment, and demand by defendant's counsel of the three days allowed by law, the trial was set for September 11, 1908. In the meantime, on the application of defendant's counsel, made without notice to the solicitor, the Chief Justice had passed an order dated September 9, 1908, "that the trial of the prisoner now attempted to be held in the circuit court shall cease until the Supreme Bench of South Carolina shall pass upon the rights of the appeal presented by the prisoner and that in the meanwhile the circuit court shall suspend any action looking to the trial of the accused until the Supreme Court has acted." On Friday, September 11, 1908, when the cause was called for trial in the circuit court, the order of the Chief Justice was presented and Hon. J. C. Klugh, the presiding judge, out of respect for the order continued the cause. Thereafter the state appealed from the order of the Chief Justice. Section 107 of the Criminal Code of 1902 provides: "[82 S.C. 166] An appeal from all final decisions rendered on applications for writs of habeas corpus shall be allowed as is provided by law in civil actions." State v. Hill, 3 Brev. 90; State v. Holmes, 3 Strob. 272; Ex parte Kottman, 2 Hill, Law, 363, 27 Am. Dec. 390; Ex parte Smith, 8 S.C. 512.

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