State v. Blakeney

Decision Date13 June 1890
Citation33 S.C. 111,11 S.E. 637
PartiesState. v. Blakeney.
CourtSouth Carolina Supreme Court

Murder—Indictment.

1. Failure to allege the place of death of deceased in an indictment for murder is a fatal defect, which cannot be cured by amendment, under Act S. C. 1887, p. 830, § 5, and is ground for quashing the indictment or arresting judgment on motion.

2. Where an indictment alleges that a mortal wound was inflicted on deceased on a certain day, in a specified county and state, from which he soon afterwards died, and this is followed by an allegation that accused did " then and there, " feloniously, etc., kill and murder deceased, and no other place has been previously mentioned, the place of the death is sufficiently alleged.

Appeal from general sessions circuit couit of Chesterfield county; Witherspoon, Judge.

W. L. T. Prince and Edward Mclver, for appellant.

J. M. Johnson, for the State.

Simpson, C. J. At the court of general sessions for Chesterfield county, February term, 1890, the appellant was arraigned and put upon trial under an indictment of which the following is a copy, to-wit omitting the formal part: "The jurors of and for the county aforesaid, in the state aforesaid, upon their oath present that John Threatt, James Blakeney, and Allen Blakeney, on the 16th day November, in the year of our Lord one thousand eight hundred and eighty-nine, with force and arms, at Chesterfield, in the county of Chesterfield, and state of South Carolina, in and upon Hugh Blakeney, alias Hugh Mangum, feloniously, willfully, and of their malice aforethought, with a pistol loaded with gunpowder and a leaden bullet, did shoot and discharge at and against and wound, giving to the said Hugh Blakeney, alias Hugh Mangum, thereby, in and upon the body of him, the said Hugh Blakeney, alias Hugh Mangum, one mortal wound, of which said mortal wound the said Hugh Blakeney, alias Hugh Mangum, soon thereafter died. * * * And so the jurors aforesaid, upon their oaths aforesaid, do say that John Threatt, James Blakeney, and Allen Blakeney, him, the said Hugh Blakeney, alias Hugh Mangum, then and there, in the manner and by the means aforesaid, feloniously, willfully, and of his malice aforethought, did kill and murder, against the form of the statute in such case made and provided, and against the peace and dignity of the state aforesaid. " The accused having no counsel, his honor, the presiding judge, assigned Mr. "W. L. T. Prince and Mr. Edward McIver to his defense; and these counsel, after the jury had been sworn, having discovered, as they supposed, that the place of the death of the deceased had not been alleged in the indictment, moved to quash it on that ground. This motion was refused, because, in the opinion of his honor, it came too late, being made after the jury had been sworn. Section 2 of the act of 1887. But immediately the solicitor was granted leave to amend the indictment by inserting the place of the death, to-wit, Chesterfield county, which was done in the blank supra. The case then proceeded, when the accused was convicted; and, upon his being brought up for sentence, his counsel moved in arrest of judgment upon the ground that he had been convicted on a bill which had not been found by a grand jury, and on which he had not been arraigned. This motion was overruled, and the accused was sentenced to be hanged on April 4, 1890.

The appeal alleges error to the presiding judge (1) in refusing appellant's motion to quash the indictment; (2) in...

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19 cases
  • Bostic v. Rives
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • 7 Agosto 1939
    ...with Knewel v. Egan, supra. Chapman v. People, 1878, 39 Mich. 357, State v. Coleman, 1882, 17 S.C. 473, and State v. Blakeney, 1890, 33 S.C. 111, 11 S.E. 637, may be thought to say that the defect is jurisdictional, but they are distinguishable because of United States v. Guiteau and the Fe......
  • State v. Rector
    • United States
    • South Carolina Supreme Court
    • 19 Septiembre 1930
    ... ... were used, were sufficient [158 S.C. 219] to show that the ... place of death of the deceased was alleged to have ... been in the county of Greenville ...          Our ... conclusion is supported by the decision of this court in the ... case of the State v. Blakeney, 33 S.C. 111, 11 S.E ... 637. In that case, the words "soon thereafter died" ... were used, where the indictment here had the words "did ... then die." On the trial of Blakeney, the point was made ... that the place of the death ... [155 S.E. 388] ... of the deceased had not been alleged ... ...
  • State v. Rector, 12976.
    • United States
    • South Carolina Supreme Court
    • 19 Septiembre 1930
    ...to have been in the county of Greenville. Our conclusion is supported by the decision of this court in the case of the State v. Blakeney, 33 S. C. 111, 11 S. E. 637. In that case, the words "soon thereafter died" were used, where the indictment here had the words "did then die." On the tria......
  • State v. Platt
    • United States
    • South Carolina Supreme Court
    • 3 Enero 1930
    ...back to the time and place of the assault, and the assault occurred, so the indictment alleged, in Marion county. See State v. Blakeney, 33 S. C. 111, 11 S. E. 637, infra; State v. Stewart, 26 S. C. 125, 1 S. E. 468. The uncontradicted proof was that Mr. Porter, the deceased, died in Floren......
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