Supreme Court of South Carolina, 1906

State v. Adams

Supreme Court of South Carolina · Decided September 21, 1906 · Jones, Woods, Geo, Gage, Chas, Dantzrer, Purdy, Prince, Memminger, Hydrick, Pope, Gary, Ardrich, Watts, Krugh

60 S.E. 653; 78 S.C. 523; 1906 S.C. LEXIS 153 (South Eastern Reporter)

Counsel

Messrs. Howell Gruber and J.M. Walker for the motion. Solicitor J.E. Davis , contra.

Opinion of the Court

PER Curiam.

The Supreme Court en banc having been duly assembled to consider the motion made in this case for an order permitting defendant to move the Court for a new trial on after discovered evidence and having heard the affidavits submitted and argument of counsel,

It is ordered and adjudged, that the motion be refused and that the case be remanded to the Circuit Court for ‘the purpose of fixing a new day for the execution of the sentence and judgment of the Circuit Court, which has been affirmed by the Supreme Court.

*527 It is further ordered that the order staying the remittitur' herein heretofore granted be and is hereby revoked, and that the remittitur be sent down forthwith.

Ira B. Jones, A. J., C. A. Woods, A. J., Geo. W. Gage, Circuit Judge, Chas. C. Dantzrer, Circuit Judge, R. O. Purdy, Circuit Judge, Geo. E. Prince, Circuit Judge, R. W. Memminger, Circuit Judge, D. F. Hydrick, Circuit Judge. We dissent. Y. J. Pope. C. J., Eugene B. Gary, A. J., James Ardrich, Circuit Judge, R. C. Watts, Circuit Judge, J. C. Krugh, Circuit Judge.

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