State v. Norton
Supreme Court of South Carolina
Before Dantzeer, J., Greenville, September, 19 03. Indictment against Sol Norton, Poinsett Gosnell et al. From sentence by Sessions Court, defendants, Norton and Poinsett, appeal. cite: Judgment should have been wrested because indictment did not contain count against carrying concealed zveapons at time of conviction: 68 S. C., 318; Cr. Code, 57, 131; 14 S. C., •350; 10 S. C., 191; Clark. Cr. F., 104; 10 Ency. P. & P., 563; 1 Bish. Cr.
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Before Dantzeer, J., Greenville, September, 19 03. Indictment against Sol Norton, Poinsett Gosnell et al. From sentence by Sessions Court, defendants, Norton and Poinsett, appeal. cite: Judgment should have been wrested because indictment did not contain count against carrying concealed zveapons at time of conviction: 68 S. C., 318; Cr. Code, 57, 131; 14 S. C., •350; 10 S. C., 191; Clark. Cr. F., 104; 10 Ency. P. & P., 563; 1 Bish. Cr. Proc., sec. 113. Brror to direct stenographer to read testimony of witness to jury: Con. 1895, art. I., sec. 26; 47 S. C., 488; 5 E. R. A., 854; 35 S. C., 549;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
The appellants, Sol Norton and Poinsett Gosnell, with Will Norton, William Gosnell, Rufus Staton and Amer Gosnell, were jointly indicted for the murder of O'llin Gosnell. The indictment contained two counts, one for murder and another for carrying concealed weapons. The defendants entered a plea of not guilty' to said indictment.
At the close of the testimony, the solicitor announced that he would withdraw the count for carrying concealed weapons, and thereupon drew a circumflex around the said count and wrote upon the margin of the…
2Cases cited2 opinions
- Grottkau v. StateWisconsin Supreme Court · 1888
- Lee v. McLeodNevada Supreme Court · 1880
3Cited by10 opinions
- Bunten v. Rock Springs Grazing Ass'nWyoming Supreme Court · 1923
- Limehouse v. SOUTHERN RY. CO.Supreme Court of South Carolina · 1950
- Bethea v. Western Union Tel. Co.Supreme Court of South Carolina · 1914
- Hatfield v. HatfieldSupreme Court of Oklahoma · 1916
- State v. LazarusSupreme Court of South Carolina · 1909
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