State v. Dewees
Supreme Court of South Carolina
Before Ardrich, J., Charleston, June, 1906. Indictment for breach of trust against George W. Dewees. Prom order sending issue of former jeopardy to jury, State appeals. cites: What constitutes fo7'mer jeopardy: 1 Arch. Com. P. & P., 338; Dud., 40; 2 McM., 382; 20 S. C., 392; 46 Si C.^ 13; 58 S. C., 368; 65 S. C., 187. cites: Former jeopardy deñned: Art. I., secs. 5, 17, 18, Con. 1895; 53 S. C., 281; Grim. Code, 59; 14 and 15 Viet., 100, 828. What the plea is: Bish.
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Before Ardrich, J., Charleston, June, 1906. Indictment for breach of trust against George W. Dewees. Prom order sending issue of former jeopardy to jury, State appeals. cites: What constitutes fo7'mer jeopardy: 1 Arch. Com. P. & P., 338; Dud., 40; 2 McM., 382; 20 S. C., 392; 46 Si C.^ 13; 58 S. C., 368; 65 S. C., 187. cites: Former jeopardy deñned: Art. I., secs. 5, 17, 18, Con. 1895; 53 S. C., 281; Grim. Code, 59; 14 and 15 Viet., 100, 828. What the plea is: Bish. C. Proc., sec. 816, 817; 2 Cush., 15. Solicitor may either demur or traverse: Bish. Cr. Proc., sec. S17; 113 Mo., 200; 1 Chitty…
1Opinion of the Court
The opinion, of the Court was delivered by
Mr. Justice Jones.
The defendant being arraigned upon an indictment charging breach of trust with fraudulent intent, interposed in bar a plea of former acquittal for the same offense, and exhibited the former indictment as a part of said plea, whereupon the Solicitor for the State plead as follows:
“And now comes the State of South Carolina, and demurs to the within plea, because it is apparent by said plea that the. offense charged in the indictment now before the Court, and that charged in the former indictment, which has been made a part of said…
2Cases cited1 opinion
- State v. SwitzerSupreme Court of South Carolina · 1903
3Cited by15 opinions
- Short v. United StatesCourt of Appeals for the Fourth Circuit · 1937
- State v. HollmanSupreme Court of South Carolina · 1958
- State v. SteadmanSupreme Court of South Carolina · 1950
- State v. WellsSupreme Court of South Carolina · 1931
- Cochran v. CochranSupreme Court of Georgia · 1931
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