State v. Lee

• Decision Date: 04 June 1908
• Citation: 61 S.E. 657,80 S.C. 367
• Parties: STATE v. LEE.
• Court: South Carolina Supreme Court

61 S.E. 657

80 S.C. 367

STATE v. LEE.

Supreme Court of South Carolina

June 4, 1908

Gus Lee was convicted of homicide, the conviction affirmed on appeal, and the case remanded to have a new day fixed for execution. A motion for new trial on newly discovered evidence was denied in chambers, and defendant appealed. On motion to suspend the appeal to allow a motion before the circuit court for a new trial on the ground of after-discovered evidence. Motion denied for want of jurisdiction.

For former opinion, see 60 S.E. 524.

W. H. Newbold, for appellant.

J. K. Henry, for the State.

PER CURIAM.

This is a motion to suspend an appeal from an order of Judge Gage at chambers, refusing defendant's motion for a new trial on the ground of after-discovered evidence for the purpose of allowing a motion before the circuit court for a new trial on after-discovered evidence. This court is of the opinion that it is without jurisdiction to entertain this motion, and it is therefore refused.

In reaching this conclusion the court overrules the doctrine announced in the case of State v. Turner, 39 S.C. 436, 17 S.E. 885, and cases following the same, and is now of the opinion that the circuit court alone has jurisdiction to entertain such a motion. No doubt the execution of the sentence imposed upon the defendant will be respited by the proper authority until an opportunity is allowed him to make this motion in the proper court.

GARY and WATTS, Circuit Judges. We concur in this order only to the extent of refusing the motion.