Breland v. State

Lewis, Justice.

Petitioner-appellant, Charles J. Breland, has appealed from two orders of the lower court denying relief sought by him in successive petitions for a writ of habeas corpus.

Appellant was indicted for rape at the May 1963 term of the General Sessions Court for Charleston County. The penalty for rape is death unless a jury recommends mercy, in which event the punishment is a term not exceeding-forty years nor less than five years, at the discretion of the presiding judge. Section 16-72, 1962 Code of Laws. At the time of the disposition of appellant’s case, Section 17-553.4 of the…