35 S.C. 344 | S.C. | 1892
The opinion of the court was delivered by
The appellant, Sharper Williams, was tried at the October term, 1890, of the Court of General Sessions for Berkeley County, before his honor, Judge Izlar, and a jury, upon an indictment which charged that the appellant had committed the crime of selling nine hundred pounds of seed cotton that was covered by an agricultural lien executed by him to A. J. Mullinax in 1888, to secure the payment of thirty dollars, without the consent in writing of said Mullinax, and in violation of the other provisions of the law in such eases made and provided. The defendant interposed a plea in abatement, which was overruled by the presiding judge. Having been found guilty and received sentence, he appealed to this court upon these grounds:
1. Because his honor erred in sustaining the demurrer to the defendant’s plea in abatement.
2. Because his honor erred in permitting the State to amend its general demurrer to the plea in abatement after hearing argument from defendant’s counsel, and so allowing the State to demur-to a part of the plea, and at the same time traverse a part thereof.
3. His honor erred in not submitting to the jury the issue of alienage raised by the State’s amendment to its demurrer traversing the allegation to that effect in said plea.
5. Because his honor erred in not quashing the indictment as prayed for in said plea, because several of the grand jurors who presented it were not freeholders in Berkeley County, and because one of them paid but 6 cents taxes.
6. Because his honor erred in not quashing the indictment as prayed for in said plea, because it was presented by a grand jury of less than eighteen, the statutory.number, and because the statutory requirements providing the mode in which deficiencies in the grand jury should be filled were not complied with, that is to say, because no one was drawn or summoned, nor was any venire issued by the clerk to fill the vacancies caused by the absence of certain members of said grand jury mentioned in said plea in abatement.
7. Because his honor erred in not disallowing the State’s amendments to its demurrer and quashing said indictment, as prayed for in said plea, because one of the grand jury drawn and summoned to serve was alleged to be an alien in defendant’s plea.
8. Because his honor erred in refusing the motion to direct a verdict of acquittal, because the State had not offered any evidence of the allegation in the indictment that the defendant had disposed of the cotton without the written consent of the mortgagee or alienee.
9. Because his honor erred in defining to the jury the offence alleged in this indictment, and in charging them in these words: “Mr. Foreman and Gentlemen of the Jury: The defendant is indicted for disposing of his cotton crop which was under lien to Mr. Mullinax, and for failing to deposit the amount of the lien with the clerk of the court of the county.. Ordinarily, if those facts were made out to your satisfaction, the ease would be proved.”
10. That his honor erred in charging the jury that the “landlord’s lien is only for agricultural purposes, and does not cover the houses.”
11. Because his honor erred in refusing the motion of defendant’s counsel to set aside the verdict and order a new trial, because a material part of the crime alleged in the indictment had not been proved by any evidence, to wit, that the cotton had been
It will be observed that we have only used the word juror, while the qualification of grand jurors is the point under discussion, but by an examination of the authorities bearing upon this matter, we fail to find any distinction drawn as to the qualifications to be possessed by a juror, either grand or petit. Then, also, our statute regulating their selection places them upon the same footing. Before passing from this point, we desire to express our hearty concurrence with the provisions of our laws that render every man of good character and intelligence eligible to jury service. To a certain extent it is a burden, and if so, it is a common burden, and every one of the proper character and intelligence, not excused by law, should be required to bear his share. Certainly any one who has thoughtfully considered the character of our people, has realized that neither the ownership of lands-nor the possession of a certain amount of taxable personal property should of themselves entitle the owner to receive privileges or to bear burdens that cannot be shared by those of equal intelligence and uprightness, who are less fortunate in this world’s goods and estate. The requirements of the law are fully met when good and true men are called to serve upon the juries of
So therefore we must overrule the first seven'grounds of appeal.
It is the judgment of this court, that the judgment of the Circuit Court be affirmed.
3 Stat., 276.