Legal Opinion

State v. Abbott

Supreme Court of South Carolina

Decided February 2, 1911No. 7769PublishedCited by 44 opinions

Before W. B. GeubEr, Special Judge, Spartanburg, September, 1910. Rule against Ed R. Abbott and Frank Dearman to show cause why suspended sentence should not be enforced. From order enforcing sentence, defendants appeal. cite: Can the Court impose a sentence, suspend it and then enforce it after expiration of time within which it should have been served? 64 N. W. 939; 45 N. W. 898; 33 Pac. 620; 33 Mich. 296; 122 Mass. 317; 62 N. W. 177; 104 Ga. 509; 91 Am.

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Before W. B. GeubEr, Special Judge, Spartanburg, September, 1910. Rule against Ed R. Abbott and Frank Dearman to show cause why suspended sentence should not be enforced. From order enforcing sentence, defendants appeal. cite: Can the Court impose a sentence, suspend it and then enforce it after expiration of time within which it should have been served? 64 N. W. 939; 45 N. W. 898; 33 Pac. 620; 33 Mich. 296; 122 Mass. 317; 62 N. W. 177; 104 Ga. 509; 91 Am. St. R. 143; 60 At. 893; 95 Am. St. R. 230, 853; 19 L. R. A., N. S., 1042; 23 L. R. A. 856. Can the defendants complain after accepting…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

Under a plea of guilty to an ‘indictment for gaming against the defendants, Ed L. Abbott and Frank Dearman, the following sentence was imposed by the Hon. R. O. Purdy, presiding Judge, at the July term of the Court of General Sessions for Spartan-burg county: “It is the sentence and judgment of the Court that the defendants, E. E. Abbott and Frank Dearman, do each pay a fine of sixty dollars, and do each perform hard labor upon the public works of Spartanburg county for one year, or each be imprisoned in the jail of said county, or…

2Cases cited10 opinions

  1. Ex Parte LangeSupreme Court of the United States · 1874
  2. Pointer v. United StatesSupreme Court of the United States · 1894
  3. People Ex Rel. Forsyth v. . Court of SessionsNew York Court of Appeals · 1894
  4. Neal v. StateSupreme Court of Georgia · 1898
  5. United States v. WilsonU.S. Circuit Court for the District of Idaho · 1891

5 more not listed; retrieve them via the Exa API.

3Cited by44 opinions

  1. Munic. Court v. State, Ex Rel.Ohio Supreme Court · 1933
  2. Richardson v. CommonwealthSupreme Court of Virginia · 1921
  3. Fuller v. StateMississippi Supreme Court · 1911
  4. Copeland v. Warden, State PrisonSupreme Court of Connecticut · 1993
  5. State ex rel. Gehrmann v. OsborneNew Jersey Court of Chancery · 1911

39 more not listed; retrieve them via the Exa API.

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