State v. Toland

CourtUnited States State Supreme Court of South Carolina
Citation36 S.C. 515,15 S.E. 599
PartiesState v. Toland. Same v. Dearing.
Decision Date04 July 1892

15 S.E. 599
36 S.C. 515

State
v.
Toland.
Same
v.
Dearing.

Supreme Court of South Carolina.

July 4, 1892.


Jury—Summoning — Exemption — Disqualification—Special Deputy Sheriffs — Eligibility of Minors.

1. Where the return of a writ of venire facias bears date the first day of the term, it will be presumed to have been made before the opening of court on that day, and so regular, under Gen. St. § 2246, requiring such return to be made "before the opening or time of holding court."

2. Gen. St. § 2246, requiring the sheriff to summon each juror by reading to him the venire, "with his indorsement thereon of his having been drawn, " refers to the indorsement to be made by the sheriff in the schedules attached.

3. Where the sheriff appoints a special deputy to execute certain papers, such appointment need not be evidenced by writing indorsed on or attached to the papers.

4. As the special deputy of a sheriff acts as an agent of the sheriff, rather than as an officer, such position may be filled by a minor.

5. Exemption from jury duty does not disqualify one from acting as a juror.

6. Under Gen. St. § 2257, providing that, in case of an irregularity in drawing a jury, it shall be lawful for the resident circuit judge "to issue his order to the board of jury commissioners * * * to proceed to draw jurors, " where the commissioners are served with a copy of such an order, and draw jurors as required therein, they are presumed to have acted under the order, and the drawing is valid, though previous to the drawing they were also served with a writ of venire facias, requiring such drawing to be made.

Appeal from general sessions circuit court of Edgefield county; James Aldbich, Judge.

Press Toland, alius Preston Toland, and Augustus Hearing ware separately convicted of murder, and each appeals. Affirmed.

Folk & Folk, for appellants.

P. H. Nelson, for the State.

McIver, C. J. These two cases, involving precisely the same questions, were heard and will be considered together. In both of the cases the defendants, upon being upon their trial for murder, moved to quash the venire, both of the grand jury, which found the bills of indictment, and of the petit jury, from which the jurors were impaneled to try the cases. The motions to quash being overruled in both of the cases, the trials proceeded, and resulted in convictions of murder in both of the cases, whereupon both defendants moved in arrest of judgment, and for a new trial, which motions were overruled, and the defendants duly sentenced. They now bring these appeals upon the several grounds set out in the record, which may be stated substantially as follows: First. Because of error in refusing to quash the venires for grand and petit jurors, upon the ground that the sheriff failed to make return of the same before the day fixed for the opening of the 'court. Second. Because of error in holding that the grand and petit jurors whose names appear in Schedule 1 were properly and legally served. Third. Because of error in holding that the grand and petit jurors whose names appear in Schedule 2 were legally summoned. Fourth. Because of error in holding that the grand and petit jurors summoned by James D. Outz and W. G. Outz were legally summoned when the said venires and returns did not show that the persons named were the legally constituted deputies of the sheriff. Fifth, sixth, and seventh. Because of error in holding that a minor could legally act as the deputy of the sheriff in serving the jurors. Eighth. Because of error in holding that 36 good and lawful men had been drawn and summoned, when it appeared that 3of the persons so drawn and summoned were exempt from jury duty. Ninth, tenth, and eleventh. Because of error in holding that the persons drawn for grand jurors were properly drawn by the...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT