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110 S.C. 273

96 S.E 416

State v. Jackson

Supreme Court of South Carolina

Decided July 17, 1918

Supreme Court of South Carolina · decided 1918-07-17

<p>Before Smith, J., Jasper, Fall term, 1915.</p> <p>Jas. F. Jackson was convicted of arson, and he appeals.</p> <p>cite : As to change of venue: Civil Code 1912, sec. 3832; McM. Eq. 348; 8 S. C. 237; 54 S. C. 368; 6 S. C. 313;'9 S. C. 284; 61 S. C. 251; 2 McC. 384; 3 Mo. 194; 12 Wend. 203 N. Y.—; 2 W. Va. 73; 10 Inch 182. > As to what is a dwelling house, within the meaning of law as applied to arson: Black’s Law Dictionary; Wharton’s Crim. Law 357; 5 Corpus Juris 545; 27 S. C. 106; 5 Corpus Juris 546; 33 Me. 30; 64 Mass. 478; 52 N. C. 167; 13 Grat. (W. Va.) 763; Crim. Code, S. C., sec. 179.</p> <p>(oral argument).</p>

Good law ✅— No negative treatment on recordhow we know

Reversed and remanded, for change of venue and new trial · Decided 1918-07-17

How this case has been cited

Cited by 5 later decisions — most recently October 1976

4 state decisions

301918192019301940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1 The opinion of the Court was delivered by

Mr. Justice Hydrick.

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

¶3 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.

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

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