The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1921-11-18
ABOUT APPEALS.

a new rule with reference to appeal:
in criminal cases. The rule in sub.
+ stance provides that after the Re-
] turn in an appealed case is filed the
5 court shall have the right to dismiss
the appeal where it appears to be
3 without merit and intended for de-
lay
The rule is wholesome rule and
will have some effect in speeding the
hearing of appeal cases. But it will
not give all the relief which is desir-
ed. Before this relief can be had
there must be some legislation: The
slaw now Provides that party may
appeal from. a judgment of the court
by giving notice of appeal within
s ten days after the rising of the court
and by serving case and! excep-
tions. within thirty days thereafter.
This calls for a space of forty days.
! If he fails to serve his case within
the time fixed by law, the appeal may
be; dismissed only after ten days
notice. If the appellant, when the
motion to dismiss is made, is able to
show that, the failure to serve the
case and exceptions is due to the fact
that the stenographer has not fur
nished transcript of the testimony,
the court will rarely dismiss the ap-
peal. The Return must contain the
exceptions, and as the exceptions are
not framed until the transcript is
furnished by the stenographer it is
apparent that delays in hearing ap-
peals will still exist unless some way
may be devised by which the trans
cript of the testimony and charge
may be hurried up; or unless some
othef legislation is had as already
suggested.
It is not possible for stenographers
always to. furnish transcripts of rec
sords promptly. A stenographer goes
from one county to. another. He has
little leisure in the. busy season for
the courts and -oftentimes it is ninety
days or longer before he can furnish
the record in case. "
US There is some wholesome legisla-
ton which might be had on the SUBJ
sject which would help we think. If
the law, or the rules of the court,
provided that exceptions to a judges
charge had to be made before the
jury retired there would be fewer !
appeals. This is the rule in the fed
eral courts, and it should be the rule
IN the state courts. If the mistake in
the Judges charge is not patent
enough for the attorney to discvoer
it when the charge is delivered,
there is no material error generally
speaking, # this were the rule, there
would be no reason why the courts
might not demand that the case and
exceptions be prepared and the Re-
turn filed without waiting for the
stenographer to transcribe the whole
record. The court would desire only
the parts of the charge complained
of, and the questions as to the ad-
mission of testimony in a given case,
to be in the record and it would be
comparatively an easy matter for the
stenographer to furnish these. He
frequently furnishes such informa-
ton in the progress of the trial of a
case, and within an hour or two he
might furnish the same information
to the court or to attorneys. i
y IS IN tne preparation of the case
and exceptions, and Of the Return,
that delays occur, and here we must
apply the cure:
Then again the solicitors Should
give stricter attention to the matter
Of appeals. The solicitors, like other
lawyers, like to be oblging to other
but in matters Of public
interest they should not be expected
to show so much consideration as is
demanded. We would have
better results if we had county So
licitors instead of circuit solicitors
as We have pointed out before. But
with the present system we may do
a great deal better if we understand
that the rules and statutes must be,
MAIDS -inf3exih1e