State v. Ashley
| Decision Date | 09 June 1924 |
| Docket Number | 11527. |
| Citation | 123 S.E. 260,128 S.C. 411 |
| Parties | STATE v. ASHLEY. |
| Court | South Carolina Supreme Court |
Appeal from General Sessions Circuit Court of Abbeville County; J Henry Johnson, Judge.
Floyd Ashley was convicted of violating the Prohibition Law, and he appeals. Reversed, and a new trial ordered.
Moore & Cox, of Abbeville, for appellant.
Solicitor H. S. Blackwell, of Laurens, for respondent.
The defendant, Floyd Ashley, was convicted of a violation of the Prohibition Law. From a sentence of 12 months' imprisonment, he appeals upon exceptions which assign error in the refusal of the trial judge to grant a new trial upon the grounds: (1) That there was no evidence to sustain the verdict, and (2) That in the presence and hearing of the petit jury charged with the trial of the case at bar the solicitor was permitted to read the caption of a similar indictment against the defendant to swear a witness to go before the grand jury on that charge.
We think appellant's second exception, directed to the matter of reading the caption of another indictment on the same or a similar charge and swearing a witness thereon for the grand jury in the presence and hearing of the petit jury charged with the trial of the cause then in progress, has sufficient merit to require a reversal.
On the cross-examination of the defendant by the solicitor, the record discloses that the matter of another indictment against the defendant on a similar charge arose and was ruled on in this way:
Thereafter during the progress of the trial, the indictment thus referred to, and the fact of the pendency of which had been properly excluded by the court in the submission of the evidence, was handled by the swearing of a witness thereon for the grand jury in the presence of the petit jury trying the case at bar. It appears that the grand jury returned "no bill" on this indictment, but it does not appear that such return was made in the presence of this petit jury. There can be no doubt that the effect was to get before the trial jury the very fact which had been excluded as admissible evidence. While the...
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State v. Bigham
...of the defendant, unless that issue is first tendered by the defendant; State v. Knox, supra; State v. Frierson, supra; State v. Ashley, 128 S.C. 411, 123 S.E. 260. It true that his honor excluded the evidence; yet he allowed the state's attorney to persist in asking questions which were in......
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State v. Lewis
... ... for not convicting in murder cases. The court speaking ... through Mr. Justice Watts held that such a statement was ... practically a charge to the petit jury and was bound to ... influence them ... One of ... the strongest cases is that of State v. Ashley, 128 ... S.C. 411, 123 S.E. 260. In that case the defendant was on ... trial for the violation of the prohibition law. During [141 ... S.C. 217] the progress of the trial the solicitor read the ... caption of a similar indictment against the same defendant ... and swore witnesses for the ... ...
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State v. Bolin
... ... criminal procedure that the state cannot in any way attack ... the character of the defendant unless that issue is first ... tendered by the defendant. State v. Knox, 98 S.C ... [180 S.E. 811] ... 117, 82 S.E. 278; State v. Frierson, 132 S.C. 362, ... 128 S.E. 709; State v. Ashley, 128 S.C. 411, 123 ... S.E. 260; State v. Bigham, 133 S.C. 491, 502, 131 ... S.E. 603 ... The ... record shows that when the witness F. N. Littlejohn was on ... the stand, the able solicitor, in his enthusiasm, asked this ... question: "Would you say that Cash's reputation ... ...
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State v. McAdams
... ... to be passed upon, the work of the court would be clearly ... hampered, and the trial of cases would be made difficult as ... long as the grand jury should be in session ... The ... appellants rely upon the case of State v. Ashley, ... 128 S.C. 411, 123 S.E. 260, as supporting their ... contention [167 S.C. 412] ... In that case, on cross-examination ... of the defendant, who was charged with violation of the ... prohibition law, the solicitor attempted to show that another ... indictment was pending against him for ... ...