56 S.C. 540 | S.C. | 1900
The opinion of the'Court was delivered 'by
The defendant was indicted for the murder of her husband. A true bill was found on the indictment at the March term, 1899, and a trial had at the same time. The record was handed to the jury some time in the afternoon of Saturday, the 25th of March, 1899. During the night time said jury demanded of the bailiff who had them in charge that they be discharged because they could not agree. On Sunday morning, the Circuit Judge presiding at the trial, Judge D. A. Townsend, came
At the May term, 1899, of the Court of General Sessions for Greenville County, upon the call of the- case by his Honor, Judge Gage, the defendant interposed a special plea in bar of the further prosecution upon the two. grounds that when Judge Townsend ordered a mistrial on 26th March, 1899, in the absence from the Court room of the defendant, such order, under art. I., sec. 17, art. I.; sec. 18, and art. I., sec. 25, of our State Constitution, operated to discharge this defendant from any further power in this Court to- try her for the alleged murder of her husband for which she was indicted, and also because such Circuit Judge (Townsend), when he so ordered a mistrial, virtually, in law, acquitted the defendant of such alleged murder. There being a disagreement as to- the facts which occurred when the mistrial was ordered, affidavits were offered by each side, and after argument, Judge Gage overruled the said special pleas, and the defendant appealed from his order overruling the same. The trial proceeded, resulting in a mistrial again.
The very first question which confronts this Court is that
It is the judgment of this Court, that the appeal herein be dismissed, but without prejudice to appellant’s right to make such similar questions as she may feel advised to present, in case any judgment should ever be recovered against her in this prosecution.