State v. Dalby
Supreme Court of South Carolina
Before Ardrich, J., Charleston, February term, 1910. Indictment against James Dalby for assault with intent to ravish. From sentencé, defendant appeals. cites: Act unconstitutional: 57 S. C., 247; 59 S. C., 53; 28 Eney., 578-9. Requiring defendant to be present at taking depositions before indictment is illegal: 54 S. C., 32; 24 S. C., 227. cites: Sixth amendment of Federal Constitution does not apply to State Courts: 21 Wall., 532; 124 U. S., 200; 175 U. S., 172; Nor sec.…
Read the full summary
Before Ardrich, J., Charleston, February term, 1910. Indictment against James Dalby for assault with intent to ravish. From sentencé, defendant appeals. cites: Act unconstitutional: 57 S. C., 247; 59 S. C., 53; 28 Eney., 578-9. Requiring defendant to be present at taking depositions before indictment is illegal: 54 S. C., 32; 24 S. C., 227. cites: Sixth amendment of Federal Constitution does not apply to State Courts: 21 Wall., 532; 124 U. S., 200; 175 U. S., 172; Nor sec. 2, sub. 3, of art. 3: 134 U. S., 31; 128 U. S., 96. No deposition being taken under act, it is not in question: 7 Wall.,…
1Opinion of the Court
The opinion of tire Court was delivered by
Mr. Justice Hydrick.
Appellant was indicted for an assault and battery with intent to rape, and convicted of an assault and battery of a high and aggravated nature. From sentence to' five years at labor upon the public works of the county, or in the State penitentiary, he appeals.
1 The defendant moved to quash the indictment, which was in the usual form, on the ground that the statute under which it is laid is unconstitutional. The act referred to •is entitled: “An act to prescribe the punishment for rape and assault with intent to ravish, and provide…
2Cases cited2 opinions
- Lowrimore v. Palmer Mfg. Co.Supreme Court of South Carolina · 1901
- Cantwell v. WilliamsSupreme Court of South Carolina · 1892
3Cited by9 opinions
- State v. HollmanSupreme Court of South Carolina · 1958
- State v. JohnsonSupreme Court of South Carolina · 1938
- Hutto v. Atlantic Life Ins.Court of Appeals for the Fourth Circuit · 1932
- State v. GarlingtonSupreme Court of South Carolina · 1911
- State v. CarpenterSupreme Court of South Carolina · 1974
4 more not listed; retrieve them via the Exa API.