Legal Opinion

Kelly v. State

Supreme Court of South Carolina

Decided May 7, 1980No. 21223PublishedCited by 2 opinions

1Opinion of the Court

Ness, Justice:

This appeal is from an order denying appellant Victor Kelley’s applicatiton for post-conviction relief. We affirm.

Appellant was indicted for armed robbery, robbery and grand larceny in connection with a liquor store holdup. He was tried and acquitted of armed robbery. The following day he plead guilty to grand larceny in return for the solicitor’s promise to drop other unrelated charges. His application for *615post-conviction relief alleged his prosecution for grand larceny violated the double jeopardy clauses of the United States and South Carolina Constitutions. U. S. Const.…

2Cases cited5 opinions

  1. Crist v. BretzSupreme Court of the United States · 1978
  2. State v. CharlesSupreme Court of South Carolina · 1937
  3. State v. HamSupreme Court of South Carolina · 1977
  4. McCall v. StateSupreme Court of South Carolina · 1972
  5. Beaver v. StateSupreme Court of South Carolina · 1978

3Cited by2 opinions

  1. Jivers v. StateSupreme Court of South Carolina · 1991
  2. State v. ThomasonCourt of Appeals of South Carolina · 2000

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