Legal Opinion

State v. Germany

Supreme Court of South Carolina

Decided December 27, 1949No. 16298PublishedCited by 7 opinions

1Opinion of the Court

Oxner, Justice.

This is an appeal from an order discharging a writ of habeas corpus and remanding appellant to the custody of the officials of the South Carolina State Penitentiary. The question is whether a sentence imposed upon him for escaping from the Richland County chain gang is in excess of the maximum allowed by law.

On January 15, 1948, appellant was convicted in the Court of General Sessions for Richland County of the crime of assault and battery of a high and aggravated nature and was sentenced by the presiding judge, Honorable J. Henry Johnson, to “be confined at hárd labor upon the…

2Cases cited5 opinions

  1. Berman v. United StatesSupreme Court of the United States · 1937
  2. Crooks v. Sanders, SuperintendentSupreme Court of South Carolina · 1922
  3. Ex Parte: Moore v. PattersonSupreme Court of South Carolina · 1942
  4. Thompson v. Patterson, SupervisorSupreme Court of South Carolina · 1942
  5. Nichols v. PattersonSupreme Court of South Carolina · 1943

3Cited by7 opinions

  1. Franklin v. StateIdaho Supreme Court · 1964
  2. Hinton v. South Carolina Department of Probation, Parole & Pardon ServicesCourt of Appeals of South Carolina · 2004
  3. Hanson v. HughesCourt of Special Appeals of Maryland · 1982
  4. State Ex Rel. Callison v. National Linen Service Corp.Supreme Court of South Carolina · 1954
  5. Davis v. South Carolina Department of Public SafetyCourt of Appeals of South Carolina · 1997

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