State v. Adams

• Decision Date: 16 July 1909
• Citation: 65 S.E. 220,83 S.C. 149
• Parties: STATE v. ADAMS.
• Court: South Carolina Supreme Court

65 S.E. 220

83 S.C. 149

STATE v. ADAMS.

Supreme Court of South Carolina

July 16, 1909

Petition by R. A. Adams, convicted of murder, asking the Supreme Court to set aside its judgment reversing an order of the circuit court granting a new trial on the ground of after-discovered evidence. Dismissed.

James E. Peurifoy, for the State. W. B. Gruber, for respondent.

WOODS J.

The petitioner, R. A. Adams, was convicted of murder and sentenced to death at the March, 1903, term of the court of general sessions for Colleton county. On appeal to this court, the judgment of the circuit court was affirmed, and the cause was remanded to the circuit court for the purpose of having a new day assigned for the execution of the sentence. 68 S.C. 421, 47 S.E. 676. Afterwards, when the cause was called at the March, 1905, term of the court of general sessions, the solicitor moved for the resentence of the defendant, and defendant's counsel, in pursuance of a notice previously served, moved for a new trial on after-discovered evidence. Judge Townsend, who was presiding granted the motion for a new trial. On appeal from this order, it was adjudged that, after the affirmance by this court of the judgment of the circuit court, that court had no jurisdiction to hear a motion for a new trial, or to do anything except assign a new day for the execution of the sentence. Accordingly, the order granting a new trial was reversed, and the cause again remanded to the circuit court that a new day might be assigned for the execution of the sentence. 73 S.C. 435, 53 S.E. 538. This decision was made on the authority of State v. Turner, 39 S.C. 420, 17 S.E. 885, State v. Way, 40 S.C. 294, 18 S.E. 676, and State v. Ezzard, 41 S.C. 525, 19 S.E 854. After the judgment was filed, the remittitur was stayed by order of one of the justices of the Supreme Court, so that the defendant's counsel might make a motion before the Supreme Court for suspension of the appeal, with leave from the Supreme Court to move before the circuit court for a new trial on after-discovered evidence, in accordance with the practice then prevailing, as laid down in State v. Turner, supra. This motion was heard by the court en banc, and after full consideration of the affidavits, setting out the alleged newly discovered evidence, the court adjudged that such prima facie showing had not been made as would warrant the court in granting the defendant leave to make a motion before the circuit court for a new trial. The judgment announcing this conclusion, and again remanding the case to the circuit court, for the purpose of having a new day assigned for the execution of the sentence, was filed on the 4th day of September, 1906, 78 S.C. 523, 60 S.E. 658. After a new day had been fixed by the circuit court for the execution of the sentence, the Governor of the state commuted the sentence to life imprisonment in the state penitentiary. This statement of the history of the case makes it obvious without argument that, under the general principles of law, the alleged right of the defendant, Adams, to a new trial on the alleged after-discovered evidence submitted to the court, should be regarded finally adjudicated against him.

The defendant's counsel, contending that the general rule is not applicable, has now filed his petition, asking the Supreme Court to pronounce void its judgment reversing the order of Judge Townsend for a new trial, on the ground that the court has since that time in another cause overruled the case of State v. Turner, supra, and other cases of the same import, and has held that the circuit court does have jurisdiction to hear a motion for a new trial on after-discovered evidence, notwithstanding the pendency of an appeal in the Supreme Court. State v. Lee, 80 S.C 367, 61 S.E. 657; Mills...