Benham v. Plotner
By South Carolina Supreme Court
- Release Date: 1990-07-17
- Genre: Law
Benham v. Plotner South Carolina Supreme Court Book Review Score: ★★★★★ 5/5 stars
1 The query presented on certiorari is whether a criminal conviction pending on appeal may be admitted into evidence as conclusive proof of allegations made in a subsequent civil trial based upon the same material facts. We find that it cannot. Although the criminal conviction may be admitted before the appeal is decided, the defendant is entitled to present rebutting evidence. The weight and effect to be given to the conviction and to the defendants explanation is a jury question.
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