Supreme Court of South Carolina, 1918

State v. Jackson

Supreme Court of South Carolina · Decided July 17, 1918 · Hydrick

96 S.E. 416; 110 S.C. 273; 1918 S.C. LEXIS 38 (South Eastern Reporter)

Cases that cite this one

8 later published cases cite this decision.

State v. MOUZON (S.C. 1957)
State v. Francis (S.C. 1929)
State v. Moorer (S.C. 1963)
State v. Bikle (S.C. 1936)
State v. Massey (S.C. 1976)
State v. Cannon (S.C. 1966)
State v. Moorer (S.C. 1963)
In re Will of Ross (N.C. 1921)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Hydrick.

Defendant appeals from sentence on conviction of arson, and assigns error, inter alia, in the refusal of his motion for a change of venue.

1, 2 In support of the motion, he submitted the affidavits of 20 prominent and respectable citizens of the county to the effect that- it was impossible for him to get a fair and impartial trial in Jasper county on account of prejudice against him, the inflamed state' of the public mind, and the popularity and influence of the prosecutor. . The State offered nothing to the contrary. The granting or refusing of motion for change of venue is in the discretion of the Court. But it is a judicial, and not an arbitary, discretion. Upon the showing made, defendant was clearly entitled to a change of venue. This view of the case makes it unnecessary to consider the other- grounds of appeal.

The judgment is reversed, and the case is remanded for a change of venue and a new trial.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.