State v. Washington

• Decision Date: 09 April 1909
• Citation: 64 S.E. 386,82 S.C. 341
• Parties: STATE v. WASHINGTON.
• Court: South Carolina Supreme Court

64 S.E. 386

82 S.C. 341

STATE v. WASHINGTON.

Supreme Court of South Carolina

April 9, 1909

Appeal from General Sessions Circuit Court of Greenwood County; J C. Klugh, Judge.

Marsh Washington was convicted of murder, and he appeals. Affirmed.

D. H Magill, for appellant.

R. A Cooper, for the State.

JONES J.

The defendant, Marsh Washington, was convicted of murder, and sentenced to be hanged, at the June term, 1908, of the general sessions for Greenwood county, Hon. J. C. Klugh presiding judge. Defendant's counsel, before sentence, moved in arrest of judgment on the ground that the venire facias for jurors was void, which motion was overruled, and this ruling is the only question for review.

The writ was as follows: "Venue. The State of South Carolina, to the Sheriff of Said County-Greeting: You are hereby strictly required and commanded to serve upon T. C. Turner, C. C. C. P., J. A. Marshall, treasurer, and J. D. Watson, auditor, esquires, 36 good and lawful men whom you shall immediately thereafter summons to be and appear before the court of common pleas and general sessions for the county aforesaid to be holden at Greenwood on the 22d day of June, next, at 10 o'clock in the forenoon, to serve as petit jurors. Herein fail not on the pain of the penalties that will fall thereon. Witness T. C. Turner, clerk of the said court, at Greenwood, this 12th day of June, A. D. 1908, and in the one hundred and 32 year of the sovereignty and independence of the United States of America. T. C. Turner, Clerk C. C. P. and G. S. [Seal.]" Then follows the list of the names of the jurors. The following is the certificate of the jury commissioners: "We, T. C. Turner, C. C. C. P., J. A. Marshall, treasurer, and J. D. Watson, auditor, jury commissioners for said county of _____, state of South Carolina, certify that on the 12th day of June, A. D. 1908, the names in the panel above were drawn from the jury box, in accordance with the law in such case made and provided, and in obedience to the foregoing writ of venire facias. Done at Greenwood, this 12th day of June, A. D. 1908. T. C. Turner, C. C. C. P.J. D. Watson, Auditor. J. A. Marshall, Co. Treas." The following is the sheriff's return: "I solemnly swear that I have summoned each of the above-named jury by depositing in the post office a summons, sealed and directed to their post office with the letter, having a two-cent stamp on it. T. W. McMillan, S. G. C." This form of writ and certificate of jury commissioners is exactly like the form in use in many counties, except that between the word "esquires" and "36 good and lawful men" there was omitted the words "jury commissioners of the said county, this writ of venire requiring them, the said jury commissioners, to draw and annex to the panel of this writ as provided by law the names of."

The objections to the writ were (1) that the omission of said words was fatal; (2) that as the writ appears it commands the sheriff to do an impossible thing, viz., to serve upon the officers named 36 good and lawful men; (3) that it appears the writ did not issue 15 days before the commencement of the term of the court which rendered the verdict; (4) that the writ required summoning of jurors for June term, 1909, as the writ dated June 12, 1908, summoned jurors to attend at court to be held on the 22d day of June next; (5) that the defects were not cured by the certificate of the jury commissioners. We think the circuit court was correct in overruling the motion, and in holding that the writ is not void. It runs in the name of the state, is addressed...