Ross v. State

Moss, Chief Justice.

This is an appeal frojn an order of The Honorable Frank Eppes, Resident Judge of the Thirteenth Circuit, dismissing a writ of habeas corpus and remanding the prisoner, Robert E. Ross, to the custody of the South Carolina Penitentiary where he is presently serving a sentence of twenty-one years. This sentence was imposed upon Ro,ss in Greenville County on November 2, 1956.

It appears from the record that the appellant herein, along with Roy Thurmond and John H. Byrd, were indicted and charged with the crime of rape, a capital offense. Sections 16-71 and 16-72 of the Code.…