Legal Opinion

State v. Garlington

Supreme Court of South Carolina

Decided December 1, 1911No. 8048PublishedCited by 5 opinions

Before Prince, J., Richland, 191... Indictment against John Y. Garlington and Jaime's Stobo Young-. Defendants appeal. Mr. Abney cites: The first three counts should have been quashed: 33 S. 0. 115'; 86 S. C. 367; 1 Bail, 144; 5 S. C. 120; 33 & C. Ill; 87 S. C. 535. Share of stock is not the subject of larceny: 1 N. & MbC. 9 ; 2 Bish. Or. R., sec. 769. Motion to direct a verdict shozild be entertained at close of State’s evidence: 22 Pac. 840; 41 How.

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Before Prince, J., Richland, 191... Indictment against John Y. Garlington and Jaime's Stobo Young-. Defendants appeal. Mr. Abney cites: The first three counts should have been quashed: 33 S. 0. 115'; 86 S. C. 367; 1 Bail, 144; 5 S. C. 120; 33 & C. Ill; 87 S. C. 535. Share of stock is not the subject of larceny: 1 N. & MbC. 9 ; 2 Bish. Or. R., sec. 769. Motion to direct a verdict shozild be entertained at close of State’s evidence: 22 Pac. 840; 41 How. Pr. 179; 88 N. W. 484; 49 N. Y. 137; 27 R. Bd 2,66; 56 Bed. 76; 156 U. S. 51. Right to open and reply: 4 Md. 30; 2 Bay 451; 22 S. C. 298.…

1Opinion of the Court

The opinion ini this case was filed November 13, 1911, but remittitur held upon petition for rehearing1 until

The opinion of the Court was delivered by

Mr. Chief Justice Jones.

The appellants, having been brought to trial upon an indictment containing five counts, were found guilty upon the fourth count only, and now appeal to this Court from the judgment and sentence. The fourth count, upon which the conviction was had, charges a 'breach of trust by the said defendants' by the conversion' to their own use of the sum of fifty five thousand five hundred and ninety-six dollars in money, of the…

2Cases cited1 opinion

  1. State v. DalbySupreme Court of South Carolina · 1910

3Cited by5 opinions

  1. State v. GellisSupreme Court of South Carolina · 1930
  2. State v. McINTIRESupreme Court of South Carolina · 1952
  3. State v. BeatySupreme Court of South Carolina · 2018
  4. State v. AtterberrySupreme Court of South Carolina · 1924
  5. State v. BeatySupreme Court of South Carolina · 2018

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