State v. Takis

Mr. Associate Justice Baker

delivered the Majority Opinion of the Court, with Circuit Júdge Thos. S. Sease, Acting Associate Justice, filing a Dissenting Opinion concurred in by Mr. Associate Justice Fishburne.

The Opinion of the Court follows :

I regret that I cannot find myself in accord with the opinion of Mr. Acting Associate Justice Sease in which the conviction of the appellant is affirmed.

The opinion quotes a portion of the governing law when the prosecution relies wholly upon circumstantial evidence to establish the guilt of the accused, as laid down in State v. Kimbrell, 191 S. C., 238,…