Bess v. Pearman, Superintendent

The opinion of the Court was delivered by

Mr. Justice Cothran.

This is an appeal from an order of his Honor, Judge Townsend, Circuit Judge of the Fifth Judicial Circuit, refusing the application of Sallie Bess, wife of Ben Bess, in a habeas corpus proceeding, for an order discharging him from the custody of the superintendent of the South Carolina penitentiary. The facts are these:

The prisoner, Ben. Bess, was tried in the-Court of General Sessions of Florence County upon an indictment charging him with rape upon the person of one Maude Collins, and convicted. The sentence, dated June 7, 1915,…