State v. Franklin
Supreme Court of South Carolina
Before Rice, J., Aiken, May term, 1920. Mary Franklin and Ruby Collins indicted for. grand larceny, and, upon conviction, appeal.. cites: Indictment for grand larceny alleging ownership of stolen goods in a partnership without setting out names of partners is bad: 4 McCord 17; 3 S. C. 230; 77 S. C. 384; 17 R. C. b. 67; Wharton Crim. Proc., vol. II (Ed. 1918), sec. 862; 2 Hill 287. In 20 S. C. 392, indictment stated names of partners.
Read the full summary
Before Rice, J., Aiken, May term, 1920. Mary Franklin and Ruby Collins indicted for. grand larceny, and, upon conviction, appeal.. cites: Indictment for grand larceny alleging ownership of stolen goods in a partnership without setting out names of partners is bad: 4 McCord 17; 3 S. C. 230; 77 S. C. 384; 17 R. C. b. 67; Wharton Crim. Proc., vol. II (Ed. 1918), sec. 862; 2 Hill 287. In 20 S. C. 392, indictment stated names of partners. In 114 S. C. 145, question of ownership was waived. cites: Sufficiency of indictment: Sec. 83, Crim. Code 1912. Motion to quash an indictment is in discretion of…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Gary.
The following are the facts upon which it was agreed that this case should be heard:
“This was an indictment for grand larceny as shown by a copy of the, indictment set forth herein. The goods alleged to have been stolen by the defendants were set forth in the indictment to be the goods and chattels of R. W. McCreary Company, a partnership, doing business in the city and county of Aiken, and that the said indictment did not name the individual members of the said partnership.
“Before the jury were impaneled, the defendants’…
2Cases cited1 opinion
- State v. HamiltonSupreme Court of South Carolina · 1907
3Cited by1 opinion
- State v. SimmonsSupreme Court of South Carolina · 1947