State v. Johnston

The opinion of the Court was delivered by

Mr. Justice Blease.

The appellant, D. C. Johnston, along with J. W. O’Neal and John R. Shurley, was indicted by the grand jury of York County for the violation of the provisions of Section 244 of the Criminal Code, Vol. 2 of the Code of 1922. On his motion, Shurley was granted a change of venue from York to Fairfield County. The appellant, Johnston, and O’Neal were tried together in the Court of General Sessions for York County before his Honor, Circuit Judge William H. Grimball.

The first count of the indictment charged, in brief, that the defendants,…