40 S.C. 308 | S.C. | 1894
The opinion of the court was delivered by
The defendants were charged with the crime of murder, in wrecking a passenger train on the South Carolina Railroad at Lincolnville, in the County of Berkeley, of the State of South Carolina, on the night of November 28, 1891, and thereby causing the death of one Mason Parker on the said passenger train. The cause came on to be heard before his honor, Judge Izlar, and a jury. There was much testimony, which is all printed in the record, including that of an employed detective. Under the charge of thejudge, the jury found both the defendants “guilty, with a recommendation to mercy.” The trial judge refused a motion for a new trial, and thereupon the defendants appeal to this court to reverse the judgment below, upon the following grounds : First. Because his honor erred in refusing to charge as requested, to wit: “That the testimony of the detective is to be received with great caution and distrust, by reason of the motives and inducements to secure a conviction being different from that of the good citizen under unselfish influences.” Second. Because his honor erred in refusing the motion for a new trial, on the ground that the verdict is not sustained by the evidence, there being no sufficient testimony to corroborate the incredible testimony of the detective, the witness, Bob Lee,
(2) As to the affidavit of Mr. Hutchinson (one of the jury which tried the case), expressing his dissatisfaction with the verdict, we can only repeat what this court said in the case of State v. Senn, 32 S. C., 408: “This court cannot lend a ready ear to disclosures coming from the jury room. * * * The affidavits undertake to state the manner in which the ver
The judgment of this court is, that the judgment of the Circuit Court be affirmed, and that the case be remanded to that court for the purpose of having a new day assigned for the execution of the sentence heretofore imposed upon the defendants.