State v. Smith

Decided January 2, 1900

Supreme Court of South Carolina · decided 1900-01-02

Befo're Gary, J., Spartanburg, July, 1899. Indictment against Frank Smith for assault and battery with intent to kill. From sentence on verdict, defendant appeals.

Cited by 1 later decisions — most recently July 1955

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1900-01-02

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¶1The opinion of the Court was delivered by

Mr. Justice Jones.

¶2Appellant asks a reversal of the judgment of the Circuit Court for alleged error: (1) in not granting a continuance on account of the absence of two of his witnesses, and (2) in forcing him to trial in the absence of the stenographer.

¶31 The refusal of a motion for continuance does not constitute reversible error, unless a clear case of abuse of discretion is shown. In this case it does not even appear that the witnesses were material, much less that there was any abuse of discretion in proceeding with the trial.

¶42 No objection was made on account of the absence of the stenographer; but if there had been such objection, there is nothing to show that appellant was in any way prejudiced by such absence. The judgment of the Circuit Court is affirmed.