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36 S.C. 600

State v. Levelle

Supreme Court of South Carolina

Decided April 27, 1892

Supreme Court of South Carolina · decided 1892-04-27

This was a motion to dismiss an appeal. The defendant was convicted of murder in June, 1890, and sentenced to be hanged. Held: upon said motion, that the judgment of the Supreme Court having been rendered on the 17th June, 1891, in open court, the court itself being illegal, any business done by said court was illegal, and the appeal of Levelle is, therefore, still pending in the Supreme Court.

Decided 1892-04-27

¶1The' following order was thereupon granted April 27, 1892,

Pee, OüRIAM.

¶2On hearing the motion for dismissal of the appeal in this case, ordered, that the appeal be dismissed, and *602that the case be remanded to the Circuit Court, and that the Circuit Judge set another day for the execution of the sentence, in accordance with the judgment of this court heretofore rendered.

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