State v. Davis
Supreme Court of South Carolina
Before Aldrich, J., Charleston, February term, 1910. Indictment against James Davis for larceny from the field. From sentence, defendant appeals. cites: Judgment may be arrested for apparent defects: 1 Bail., 379; 2 N. & M. C., 312, 435; 2 Bay., 215; 1 Brev., 202. Sentence should be in the alternative: Cr. Code, 169; 29 Ency., 325; 58 Fed,, 166. cites: Motion in arrest of judgment made too late: Cr.
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Before Aldrich, J., Charleston, February term, 1910. Indictment against James Davis for larceny from the field. From sentence, defendant appeals. cites: Judgment may be arrested for apparent defects: 1 Bail., 379; 2 N. & M. C., 312, 435; 2 Bay., 215; 1 Brev., 202. Sentence should be in the alternative: Cr. Code, 169; 29 Ency., 325; 58 Fed,, 166. cites: Motion in arrest of judgment made too late: Cr. Code, 57; 56 S. C., 383. Alternative sentence not required: 91 Tenn,, 487; 2 Am. St. R., 310; 82 N. C., 682; 21 Wall., 163.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. ChiEE Justice Jones.
The defendant was convicted and sentenced under an indictment charging larceny from the field.
After trial and verdict of guilty, the defendant moved in arrest of judgment on the ground that the indictment was fatally defective, in that it failed to state the time of finding by the grand jury, and the refusal of the motion is the basis of exception. The indictment was as follows:
“State of South Carolina, County of Charleston.
“At a Court of General Session® begun and holden -in and for the County of Charleston, in the State of…
2Cases cited1 opinion
- State v. MaySupreme Court of South Carolina · 1896
3Cited by8 opinions
- State v. BrandonSupreme Court of South Carolina · 1947
- State v. WeinbergSupreme Court of South Carolina · 1956
- State v. GoinsSupreme Court of South Carolina · 1922
- State v. PhillipsSupreme Court of South Carolina · 1940
- State v. PettySupreme Court of South Carolina · 1964
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