The Bamberg herald. (Bamberg, S.C.) 1891-1972, November 09, 1922, Page 6, Image 6
Supreme Court
Appeals L
Columbia, Nov. 3.?A new doctrine
of appeals on after discovered evi-j
dence in criminal cases was enunciat-1
ed by the State Supreme Court today !
in affirming an order of Circuit Judge
Mauldin granting a new trial to Cliff;
Hawkins, convicted at Greenville of;
murder and sentenced to be electrocuted.
The opinion was written by Judge;
Frank B. Cary, of the Eighth Judicial;
Circuit and was concurred in by four;
justices of the Supreme Court and the:
circuit judges sitting en banc on SepI
tember 1, at which sittin? the Hawkins
case was reviewed. Associate j
Justice R. C. Watts dissenting.
The opinion holds that motions i
_ for new trials on after discovered.
evidence should be made to circuit)
j
courts or judges when they have)
not been deprived of jurisdiction
by appeals to the Supreme Court;
through the handing down of a remit- :
titur by that tribunal; but, if thel1
case is pending in the appellate court,
a motion should be made to it to suspend
the appeal so that the motion
for a new trial can be heard before
the lower court. The opinion likewise j'
holds that, if the Supreme Court has !
already passed on the appeal, and its h
judgment has been remanded to the j
lower court, then an appeal on after-j1
discovered evidence must be heard j
before the Supreme Court, and if the i
1
cause is meritorious that tribunal:
will take proper steps to have the mo-j
tion heard by the Circuit Court.
Do Not Return to Lower Court, j
Should the date for an electrocu- ,
tion already have been set, the opin- j
ion holds, then an appeal to the 1
supreme uourt snouia ue maue iu; .
sufficient time on the grounds of; .
after discovered evidence; but, if:
^ time is limited, the Governor can bej.
requested to extend the date of thej.
sentence, upon proper showing, andj
the appellate court will hear the mo- ]
tion anyway, and, should the appeal j ,
be refused, there will be no necessity! j
of returning to the lower court to set \
a new date for electrocution. J,
The rule heretofore has been that,!
I '
should the motion for a new trial be ]
refused by the circuit judge, then an
appeal would be taken to the State;
supreme court which must hear it. j <
Should the circuit court be affirmed <
in its judgment and the appellant be
sent back for re-sentence, he could j
then make another motion for a new!'
trial, and again appeal, from the re-j
fusal of the circuit judge, and con-!i
tinue this almost interminably, so
much so that the dictum, "a man with!
sufficient money to continue hiring!
lawyers, if convicted of murder and:
sentenced to death, need never to be1
executed," has almost became a legal;
I
: +P*
The package s
Your taste eoi
The sales proi
Over J billion
Licgett k Myers Tobacco Co,
Restricts
)elaying Justice
maxim in South Carolina. However,
the new doctrine laid down by the
court will prevent this.
The doctrine of appeals under
which the courts have been laboring,
as laid down in the State vs. Lee, and
interpreted in subsequent cases, "has
led to a condition" in the language of
the opinion, where convicted criminals
may by successive motions and appeals
block the process of the law in"
"' - '? J m ntiAnc ci 11 H
aennneiy, anu u.v ucu muuuuo
appeals prevent their executions."
Justice Thwarted.
This condition has been confronting
the law enforcement department
of the government for some time, so
much so that in several notorious
cases substantial justice has been
thwarted. When Judge Mauldin
granted a new trial to Cliff Hawkins
on the ground of after-discovered
evidence as to his mental condition,
the State, through the office of Sam
.\I. Wolfe, Attorney General, appealed
for the main purpose of having
the case of state vs. Lee reviewed in
an effort to have the Supreme Court
ascertain if a new doctrine on appeals
could not be evolved.
The Supreme Court realized the
gravity of the situation in a time
when crime is rampant, for, in the
opinion, it uses these words: "Perhaps
this tribunal was never called
upon to meet a greater responsibility
than that which now confronts it;
nor was it ever more loudly called
upon to use its judicial powers in a
proper way to avert a deplorable con
dition, a condition that is not calculated
to enhance respect for law, and
its enforcement, and which as a matter
of fact would have a contrary effect.
It was never intended by the
framers and makers of our Constitution
and laws that the condition
referred to should exist and there
must be some legal way to avert it.
We have the opportunity and it
remains to be seen whether or not
we have the disposition and the ability
to point out that way."
Recently the State Supreme Court
adopted what is known as "Rule 30"
in which it was decreed that frivolous
appeals would not be looked on
with leniency by the -court, but the
doctrine laid down this afternoon
will put a stop o delayed justice and
speed up the execution of the sentences
of the courts.
The Williston Way.
In .commenting on the stand recently
taken by the ladies of Barnwell,
The Spartanburg Herald says:
"If the men expected the women to
come into the politics of the town,
the county, the state and the nation
with out exercising heir right to give
the surroundings a thorough review
I
suggests it.
ifirms it
soZrf
CIGARE1
with a view to sweeping behind the
doors, under the beds and in the
corners, they were very much mistaken
in their reckoning. Down in
Barnwell county the ladies are making
observations. And they are blurting
right out what they think. They
are talking about law enforcement,
jury service, the lawyers and the officers
of the law. They are saying
things that every man knows should
be said and they are asking the most
, embarrassing questions. There observations
were put in the form of an
: open letter to the public." After quotI
ing that part of this open letter that
! appeared in our main editorial last
| week, The Herald closes by saying:
! "Now, there is no evidence of loose
' thinking in the above. It is all to
j the point, and when the women are
| able to turn that sort of any an|
alvtical common mind on the subject
j we may expect the gumshoeing office:
holder to be dreadfully annoyed."
< ! > ?
The Greater State Fair.
The Williston Way.
l
| The much that had been said about
, the greater State Fair to be held this
I year made one look for something distinctively
better though South Carolina
has a right to be proud of her
. state fair of the past. To those
; thousands and thousands who at;
tended the fair in Columbia last week
(it is unnecessary to say that this was
the greatest of the state fairs. Probably
the most noticeable improvement
were the several new buildings
and the improvement in the grounds
though the exhibits were better than
ever seen before by us. It would be a
i . i - J i A ? M
j reveiauuii auu lusyuauuu uu cue yeuI
pie of South Carolina if the exhibits
j of say twenty years ago could be
placed alongside those of today. How
wonderful have been the strides in
the raising of pure bred hogs, cattle,
poultry to say nothing of the pedigreed
crops of all kinds! Of course, as
in former fairs, more time can be
spent in the steel building than anywhere.
The exhibits there were
splendid. The Pine View, Midway and
other exhibits from Lexington county
were particularly interesting in that
| they show the possibilities and beneJ
fits from community fairs. In almost
every exhibit could be seen
sweet potato crates made in Williston
by the Green Lumber & Crate
Company. These crates could be
! spotted by their superior appearance
; over other crates. The Pacific Mills
| (Columbia) exhibits were very interI
esting, especially to one who had
been previously engaged in textile
J work. It would be a revelation to
j many to know just what these mill
i villages of Columbia are doing along
j lines of gardening, domestic science.
; fancy work, etc. South Carolina, from
| mountains to sea, should back up
| the State Fair. It has much potenj
tial good for all. Out of this big fair,
(there should grow more county and
| community fairs. Let's see if WilI
liston cannot have a Community Fair
i i
j another year. What do you say?
ljj
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J E 97 II
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S. G. MAYFIELD
ATTORNEY-AT-LAW
Practice in all courts, State and
Federal.
Office Opposite Southern Depot.
BAMBERG, S. C. I
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Druggists refund money if PAZO OINTMENT fails
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General Practice in All Courts
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Offices in rear over Hoffman's Store :
BAMBERG, S. C.
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Take LAXATIVE BROMO QUININE (Tablets.) It j'
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DENTAL SURGEON
Graduate Dental Department University
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Office hours, 9:00 a. m. to 5:30 p. m.
IP E A Is
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J. Carl Kearse
Carter, Carter & Kearse
. ATTORNEYS-AT-LAW
Special attention given to settlement
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