State v. Johnson, (No. 11118.)
| Court | United States State Supreme Court of South Carolina |
| Writing for the Court | MARION, J |
| Citation | 115 S.E. 748 |
| Parties | STATE. v. JOHNSON. |
| Docket Number | (No. 11118.) |
| Decision Date | 25 January 1923 |
115 S.E. 748
STATE.
v.
JOHNSON.
(No. 11118.)
Supreme Court of South Carolina.
Jan. 25, 1923.
[115 S.E. 749]
Appeal from General Sessions Circuit Court of Anderson County; Geo. E. Prince, Judge.
Jerry Johnson was convicted of violating the prohibition law, and from an order granting his motion for a new trial, the State appeals. Affirmed.
L. W. Harris, Sol., of Anderson, for the State.
Dickson & Miller, of Anderson, for respondent.
MARION, J. The defendant, charged with violating the prohibition law, was tried and convicted at the May, 1922, term of the court of general sessions for Anderson county, Hon. Geo. E. Prince, presiding judge. After the verdict of the jury was returned, the defendant moved for a new trial on the ground that one of the jurors by whom the defendant had been tried was a deputy sheriff of Anderson county. Thereupon Judge Prince passed the following order:
"It being made satisfactorily to appear to the court that one of the jurors sitting on the above-entitled case is a deputy sheriff appointed for one of the industrial corporations of Anderson county, and that this fact was unknown to the defendant or his counsel at the time, and not until the jury had returned its verdict of guilty, and that such juror was disqualified, on motion of defendant's attorneys for new trial, it is ordered that a new trial be, and hereby is, granted to the defendant, Jerry Johnson, and that his bond continue in force for his appearance at the next term of court."
From this order the state appeals.
No proposition is more decisively established in this jurisdiction than that an order of a circuit judge granting or refusing a new trial in a law case can only be reviewed by this court for the purpose of determining whether such adjudication was influenced or controlled by error of law or amounted to a manifest abuse of discretion. The state's contention here is that the circuit judge committed error of law in granting a new trial on account of the disqualification of juror "when no objection had been made previous to the verdict" and "when no prejudice has been shown to exist against the defendant."
There was no error of law in holding
that the juror in question was disqualified, Section 4035, Civil Code 1912, provides that—
"No clerk, constable, or deputy of the clerk of the court, sheriff, probate judge, county commissioners, magistrates, or other county officer, or any employee within the walls of the courthouse, shall be eligible as a juryman in any civil or criminal case."
While a "deputy sheriff" is not designated eo nomine in this ineligible list, and while in the following section (4037), conferring the privilege of "exemption" from jury service, "sheriffs and their deputies" are expressly mentioned, we are of the opinion that a deputy sheriff within the reasonable meaning and intendment of section 4035 is embraced within the phrase "or other county officer." The position of under or deputy sheriff is a common-law office (24 R. C. L. 979), and...
To continue reading
Request your trial
-
State v. Hughey, No. 25096.
...he is the member of law enforcement is not enough to disqualify him under this statute. This Court held in State v. Johnson, 123 S.C. 50, 115 S.E. 748 (1923) that a juror would be disqualified under section 14-7-820 when he or she was vested with like powers and duties of a law enforcement ......
-
Hall v. State , No. 285
...7. Lindsay v. State, 97 Fla. 701, 122 So. 1 (1929); Fennell v. State, 396 P.2d 889 (Okla.Crim.App.1964); State v. Johnson, 123 S.C. 50, 115 S.E. 748 (1923). 8. Tate v. People, 125 Colo. 527, 247 P.2d 665 (1952); State v. Butts, 349 Mo. 213, 159 S.W.2d 790 (1942); State v. West, 157 W.Va. 20......
-
Allen v. Fidelity & Deposit Co. of Md., Civ. A. No. 80-0729-1.
...or deputy sheriff is one of the oldest known to the law; it had its origins in the common law." In State v. Johnson, 123 S.C. 50, 53, 115 S.E. 748, 749 (1923), it was determined that "the position of under or deputy sheriff is a common law office ...." As a public officer, Wi......
-
Spencer v. Kirby, No. 17493
...State v. Robertson, 54 S.C. 147, 31 S.E. 868; Mew v. Charleston & S. Ry. Co., 55 S.C. 90, 32 S.E. 828; State v. Johnson, 123 S.C. 50, 115 S.E. 748; Sellars v. Collins, 212 S.C. 26, 46 S.E.2d We are, therefore, of opinion that the Order granting a new trial upon the ground of disqualific......
-
State v. Hughey, No. 25096.
...he is the member of law enforcement is not enough to disqualify him under this statute. This Court held in State v. Johnson, 123 S.C. 50, 115 S.E. 748 (1923) that a juror would be disqualified under section 14-7-820 when he or she was vested with like powers and duties of a law enforcement ......
-
Hall v. State , No. 285
...7. Lindsay v. State, 97 Fla. 701, 122 So. 1 (1929); Fennell v. State, 396 P.2d 889 (Okla.Crim.App.1964); State v. Johnson, 123 S.C. 50, 115 S.E. 748 (1923). 8. Tate v. People, 125 Colo. 527, 247 P.2d 665 (1952); State v. Butts, 349 Mo. 213, 159 S.W.2d 790 (1942); State v. West, 157 W.Va. 20......
-
Allen v. Fidelity & Deposit Co. of Md., Civ. A. No. 80-0729-1.
...or deputy sheriff is one of the oldest known to the law; it had its origins in the common law." In State v. Johnson, 123 S.C. 50, 53, 115 S.E. 748, 749 (1923), it was determined that "the position of under or deputy sheriff is a common law office ...." As a public officer, Wi......
-
Spencer v. Kirby, No. 17493
...State v. Robertson, 54 S.C. 147, 31 S.E. 868; Mew v. Charleston & S. Ry. Co., 55 S.C. 90, 32 S.E. 828; State v. Johnson, 123 S.C. 50, 115 S.E. 748; Sellars v. Collins, 212 S.C. 26, 46 S.E.2d We are, therefore, of opinion that the Order granting a new trial upon the ground of disqualific......