State v. Shirer
Supreme Court of South Carolina
Before Wallace, J., Orangeburg, May, 1883. This was a prosecution against George S. Shirer for breach of trust ,with fraudulent intent, and larceny, in taking money out of the safe of Banks & Smith, by whom defendant was employed. The defense was, that defendant was called out of his house after midnight, and then taken and tied by two men, who forced him to tell them the combination of the safe-lock. The opinion states the case.
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Before Wallace, J., Orangeburg, May, 1883. This was a prosecution against George S. Shirer for breach of trust ,with fraudulent intent, and larceny, in taking money out of the safe of Banks & Smith, by whom defendant was employed. The defense was, that defendant was called out of his house after midnight, and then taken and tied by two men, who forced him to tell them the combination of the safe-lock. The opinion states the case. The ruling of the presiding judge upon the motion to quash and the motion for new trial and in arrest of judgment and upon the demurrer, need not be given. His…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice McGowan.
The defendant, George S. Shirer, was indicted in the Court of General Sessions for the county of Orangeburg, at the October Term, 1882, under the statute of 1866, which declares that “ any person committing a breach of trust with a fraudulent intent shall be held guilty of larceny,” re-enacted in general statutes as section 2493. Upon motion of •defendant’s counsel, the presiding judge, Pressley, quashed the indictment upon the grounds, principally, that'the facts set forth •did not constitute a breach of trust, but simple larceny,…
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