State v. Nesmith

Fishburne, J.:

Under an indictment charging him with the felonious breaking and entering of a dwelling house in the night time, with intent to commit rape or other felony, the appellant, James Nesmith, was tried in the court of general sessions for Georgetown County at the Fall Term, 1946. He was found guilty with recommendation to mercy, and sentenced-by the court to a term of imprisonment for twelve years, under Section 1138 of the Code.

On this appeal several issues are raised relating to the conduct of the trial, all of which are characterized as being technical by appellant’s counsel, but…