State v. Pope

• Decision Date: 01 March 1878
• Citation: 9 S.C. 273
• Court: South Carolina Supreme Court
• Parties: STATE v. POPE.

9 S.C. 273

STATE

v.POPE.

Supreme Court of South Carolina.

Mar. 1, 1878.

A prisoner indicted for “maliciously, unlawfully and willfully setting fire to, burning and destroying, in the night time, stacks of hay and ricks of corn fodder” is not entitled to twenty peremptory challenges, as allowed by the 3d Section of the statute, (Rev. Stat., p. 747,) but only to five, as allowed by the same Section.

The offense of “maliciously, unlawfully and willfully setting fire to, burning and destroying, in the night time, stacks of hay and ricks of corn fodder,” mentioned in Revised Statutes, p. 714, § 2, is not arson within the meaning of the statute.

BEFORE REED, J., AT AIKEN, SEPTEMBER TERM, 1877.

This was an indictment against F. Pope for “maliciously, unlawfully and willfully setting fire to, burning and destroying, in the night time, stacks of hay and ricks of corn fodder.” At the trial he demanded twenty peremptory challenges, but was allowed only five. He was convicted, and appealed on the ground of error in the refusal of the Court to allow him twenty peremptory challenges.

Lee, for appellant.

Henderson, contra.

The opinion of the Court was delivered by

WILLARD, C. J.

The defendant was indicted and convicted for “maliciously, unlawfully and willfully setting fire to, burning and destroying, in the night time, stacks of hay and ricks of corn fodder.” The only exception properly before the Court arises on the fact that the defendant on the trial demanded twenty peremptory challenges, which demand was refused. He was allowed and exercised the right of making five peremptory challenges.

Was he entitled to twenty? The statute is as follows (Rev. Stat., 747, § 3,): “Any person who shall hereafter be arraigned for the crime of murder, manslaughter, burglary, arson or rape, or grand larceny, shall be entitled to all the incidents of an arraignment and to peremptory challenges, not exceeding twenty, and the State in such cases shall be entitled to peremptory challenges, not exceeding two, in the manner heretofore prescribed by law. And any person who shall be indicted for any crime or offense other than those above enumerated shall have the right to peremptory challenges of five, and the State in such cases shall be entitled to peremptory challenges not exceeding two.”

The defendant contends that the crime for which he was indicted was arson, and consequently that he was entitled to twenty peremptory challenges under the terms of the statute.

Arson is defined by the Revised Statutes, and what shall be deemed arson is there declared.-Rev. Stat., 714, § 1....