56 S.C. 379 | S.C. | 1900
The opinion of the Court was delivered by
The following are all the facts stated in the record: “This case was tried at the May term of the Court of General Sessions for Spartanburg County, before Judge Gary and a jury. The defendant was convicted of murder, and sentenced to be hanged the third Friday in June, 1899. After his conviction and before sentence, a motion was made in arrest'of judgment on the following ground, to wit: Because the indictment upon which the defendant was tried and convicted was an illegal indictment, for the reason that the grand jury which passed upon it and found a true bill against defendant was an illegal grand jury, because one of its members, to wit: E. C. Jame-son, was not a qualified elector, as required by the Constitution of this State. The motion was overruled by the presiding Judge, and the defendant sentenced. From such judgment and rulings of the Circuit Court defendant gave
It is the judgment of this Court, that the judgment of the Circuit Court be affirmed, and the case remanded to that Court for the purpose of enabling it to1 assign a new day for carrying into execution the sentence of the Court.