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13 S.C.L. 409

Bell v. Hutchinson

Supreme Court of South Carolina

Decided May 15, 1823

Supreme Court of South Carolina · decided 1823-05-15

Tried before Mr. Justice Richardson, Fairfield, Spring Term, 1S23. THIS was an action of Slander, for charging the plaintiff with stealing a pen knife and handkerchief. The defendant pleaded not guilty to the first charge, and justified as to the second. Before the commencement of the trial, the defendant’s council moved the court to withdraw the justification, and the court granted the motion, although opposed on the part of the plaintiff.

Decided 1823-05-15

Mr. Justice Richardson

¶1delivered the opinion'of the court:

¶2That the court may permit a defendant to withdraw his *410plea before going into a trial, when such withdrawal doer no injury to the plaintiff, is clear, and that the court may permit or direct the jury to reconsider their verdict, has been too often done to be less evident. But that the court is bound to do so, at the request of the counsel of a party who may disliite the verdict rendered, would be strange indeed. The suggestion was to the discretion of the court; and as the jury had separ ted by consent of parties, after making up their verdict the night before, and as they could not give costs but by increasing the verdict, which had been actually published, more than twelve fold, i. e. to J20 currency, the precedent might have been of evil tendency.

Clarke, for the motion.Feare&on, contra.

¶3The motion :s therefore dismissed.

Justices iXotl, Gantt, Cohock, Huger and Johnson concurred.
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