State v. McAbee

I regret very much that I am unable to agree with the majority opinion in this case.

The “Statement” in the transcript of record appears as follows:

“The appellant, Herbert McAbee, was indicted for driving a motor vehicle on a public highway while under the influence of whiskey or some narcotic, was tried by a jury on March 6, 1951, and found guilty. The indictment did not allege that this was a second or subsequent offense. The appellant was sentenced to serve three (3) years in the South Carolina State Penitentiary.

“On March 7, 1951, motion to re-open the case for the purpose of sentencing…