48 S.C. 136 | S.C. | 1897
Lead Opinion
The opinion of the Court was delivered by
The appellant was indicted, jointly with Fannie Carson and John E. Page, for the murder of J. O. Carson, called in the testimony Ban Carson, and the parties were tried jointly in the Court of General Sessions for Spartanburg County, at October term, 1895. The jury rendered a verdict of guilty against Edward D. Green, and the other two defendants were found guilty, with a recommendation to mercy. In accordance with this verdict, the defendants, Fannie Carson and John E. Page, were sentenced to imprisonment for life in the state penitentiary, and- the defendant, Edward D. Green, was sentenced to be hanged on the 28th December, 1895. Edward D. Green alone. appeals, and upon service of his notice of appeal the Circuit Judge made an order suspending the execution of his sentence pending the appeal. The grounds upon which this appeal is based áre fully set out in the record, but they are too long for insertion here, though they should be incorporated by the Reporter in his report of the case.
These grounds, though not numbered in the record, have been numbered by us for convenience of reference, and raise three general questions: 1st. Whether there was error on the part of the Circuit Judge in his rulings as to the admissibility of certain testimony. 2d. Whether there was error in permitting counsel for the State to indulge in certain remarks in his argument before the jury, deemed prejudicial to the defendant. 3d. Whether there was error in the Judge’s charge to the jury.
The judgment of this Court is, that the judgment of the Circuit Court, as to the appellant, Edward D. Green, be reversed, and that the case, as to him, be remanded to the Circuit Court for a new trial.
Concurrence Opinion
We concur, but, out of abundance of caution, we desire to say, that we are not now prepared to approve of the view taken of the eleventh exception.