State v. Walker
| Decision Date | 13 February 1908 |
| Parties | STATE . v. WALKER. |
| Court | South Carolina Supreme Court |
STATE .
v.
WALKER.
Supreme Court of South Carolina.
Feb. 13, 1908.
1. Criminal Law — Appeal—Instructions-Objections in Trial Court—Prejudice.
An instruction on an issue as to which there was no evidence or a mistake in stating the issues is not reversible error, unless the attention of the trial court was called thereto by accused, and he was probably prejudiced thereby.
[Ed. Note.—For cases in point, see Cent. Dig. vol. 15, Criminal Law, §§ 2646, 3154-3169.]
2. Same—Continuance.
The refusal of a continuance applied for, because counsel appointed to defend accused had not had sufficient time to thoroughly investigate the case and consult with accused, in the exercise of discretion, is not ordinarily ground for reversal.
[Ed. Note.—For cases in point, see Cent. Dig. vol. 15, Criminal Law, §§ 3045-3049.]
3. Same—Trial—Recess—Argument.
There is no rule requiring completion of argument in a criminal case before the court can order a recess, such matter being within the discretion of the trial judge.
4. Same — Admonition op Jury — Presumptions.
In the absence of a showing to the contrary, it will be presumed on appeal that the court properly admonished the jury in a criminal case on allowing them to separate before the case was finally submitted to them,
5. Same—Prejudice.
Failure to so admonish is not reversible error, in the absence of a showing that accused was prejudiced thereby.
6. Same—Incompetency of Juror—Appeal— Objections at Trial.
An exception that one of the jurors who tried accused was biased cannot be considered on appeal, where the trial court was not afforded an opportunity to rule on the objection.
[Ed. Note.—For cases in point, see Cent. Dig. vol. 15, Criminal Law, § 2630.]
7. Same—Instructions to Grand Jury.
General instructions to a grand jury which were well within the province of the trial judge were not ground for reversal of a conviction rendered by a petit jury.
Appeal from General Sessions Circuit Court of Dorchester County; Geo. W. Gage, Judge.
J. M. Walker was convicted of manslaughter, and he appeals. Affirmed.
R. Lou Weeks, for appellant.
P. T. Hildebrand. for the State.
JONES, J. The appellant, J. M. Walker, indicted for the murder of Joe Demicola in Dorchester county, was convicted of manslaughter, and sentenced to 15 years in the penitentiary. Walker was a department boss or manager of the Dorchester Lumber Company operating at Badham in said county, and Demicola, a young Italian, was one of the employes. Demicola, claiming to be in need of rest, failed to appear for some emergency work on Sunday morning in response to the request of Walker. He went to the shop Sunday afternoon, when he was informed by Walker that he was dismissed for not obeying orders. This angered Demicola, and he wanted to fight; but Walker declined to have any row, and ordered him to leave the shop. Demicola left the shop, stating that he would go back to work. Early the next morning, Monday, January 27, 1907, about...
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