¶1In these cases the original records were produced. According to the rule 83d. (of December, 1837,) copies are not to be brought up to this court, except in cases where inspection is necessary. ' In such case the original may be brought up ; that is the case here. The existence of the seal on a writ can most generally be shewn in no other way than by the appearance of the im*189pression on the paper, or something used for it. Here the originals of the supposed writs of venire, certified by the clerk to be genuine, have no trace whatever of a seal. Indeed the clerk’s certificate admits that no seal was affixed. According to the case of the State vs. Dozier, 2 Speers, 211, the papers called writs of venire, not having any seal, are illegal, and the result is the judgments must be arrested. The motions to arrest the judgments are granted, and the prisoners are remanded, to answer to fresh bills of indictment to be preferred against them at the next Term.
30 S.C.L. 188
State v. Williams
Court of Appeals of South Carolina
Decided January 15, 1845
Court of Appeals of South Carolina · decided 1845-01-15
<p>When, an objection to a record can be shewn in no other way than by inspection, the original, under the 83d. rule of court, may he carried up to the Court of Appeals.</p> <p>A writ of venire, without the seal of the court, is void.</p> <p>The writs of venire, by which the grand and petit juries were summoned, are parts of the record of conviction, and if they are void, the judgment will he arrested.</p>
Decided 1845-01-15