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4 S.C.L. 444

State v. Riely

Supreme Court of South Carolina

Decided November 15, 1810

Supreme Court of South Carolina · decided 1810-11-15

The defendant ivas indicted before Smith, J., in Edgefield dis. trict, for murdering her bastard child. The jury found the defendant not guilty, but the judge being of opinion the evidence au. thorized a different verdict, refused to discharge her; aad now this motion, on the part of the State for a new trial, was argued by Stark, the Circuit Solicitor, who contended, that a now trial m such case might properly he granted lor the State, as well es for the prisoner.

Decided 1810-11-15

¶1The Court,

Gp-niKK, Watuss, Lay, and Harvard,

¶2refused a new trial, being of opinion it would bo contrary to the humanity of the law, and mislu be productive of consequences dangerous to the rights of individuals. That it would he grievously oppressive, to grant new trials iu cases of acquittaf, in criminal cases.

¶3Motion rejected.

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