Legal Opinion

State v. Smith

Supreme Court of South Carolina

Decided May 12, 1980No. 21226PublishedCited by 13 opinions

1Opinion of the Court

Harwell, Justice:

Appellant Lucious Smith was convicted of housebreaking and grand larceny and the court imposed only one sentence for both the housebreaking and grand larceny charge. The better practice is to impose a separate sentence of each conviction or plea. This appeal is based on the denial at trial of appellant’s motion for a directed verdict on the grand larceny charge. We reverse and remand for sentencing on the housebreaking conviction.

Grand larceny is a felony which includes all the elements of the lesser offense of petit larceny except that grand larceny involves the theft of…

2Cases cited1 opinion

  1. State v. WoodsSupreme Court of South Carolina · 1979

3Cited by13 opinions

  1. State v. SullivanSupreme Court of South Carolina · 1981
  2. Joseph v. StateSupreme Court of South Carolina · 2002
  3. State v. HumpherySupreme Court of South Carolina · 1981
  4. State v. ParkerSupreme Court of South Carolina · 2002
  5. Roller v. McKellarDistrict Court, D. South Carolina · 1989

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