Legal Opinion

State v. Gossett

Supreme Court of South Carolina

Decided August 25, 1921No. 10707PublishedCited by 20 opinions

Before Sease, J., Abbeville, April, 1920. Kenneth Gossett indicted for rape and upon conviction appeals. cite: Change of venue where justice cannot he had'. 61 S. C„ 251; 8 Iowa, 329; 11 Ala., 206; 11 Tex., 207; 11 Miss., 234. Special session called under Sec. 3841 Civ. Code 1912, which is entirely different from Sec. 3840, Id.

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Before Sease, J., Abbeville, April, 1920. Kenneth Gossett indicted for rape and upon conviction appeals. cite: Change of venue where justice cannot he had'. 61 S. C„ 251; 8 Iowa, 329; 11 Ala., 206; 11 Tex., 207; 11 Miss., 234. Special session called under Sec. 3841 Civ. Code 1912, which is entirely different from Sec. 3840, Id. Sec. 3841 gives Governor right to call special term on request of the Solicitor: 79 S. C., 229. Appointment of a special Judge is not executive function: 88 S. C., 208; Secs. 3841-44, 1 Civ. Code 1912, negative the idea of assigning a regular Judge to hold a special…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Cothran.

The defendant, Kenneth Gossett, was indicted with his cousin, John Gossett, at a special term of the Court of General Sessions for Abbeville County, upon the charge of rape. The crime was alleged to have been committed upon the person of a young woman of that county, near Abbe-ville, on March 14, 1920. A true bill was rendered on April 5, 1920. The trial was entered upon after the usual three days allowed on April 8th. After the testimony was concluded the presiding Judge directed a verdict of not guilty in favor of defendant, John…

2Cases cited8 opinions

  1. Pennoyer v. NeffSupreme Court of the United States · 1878
  2. Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
  3. Ex Parte WallSupreme Court of the United States · 1883
  4. Reetz v. MichiganSupreme Court of the United States · 1903
  5. Caldwell v. TexasSupreme Court of the United States · 1891

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3Cited by20 opinions

  1. State v. LelandOregon Supreme Court · 1951
  2. State v. CarterSupreme Court of North Carolina · 1951
  3. Clarke v. South Carolina Public Service AuthoritySupreme Court of South Carolina · 1935
  4. Sunderland v. United StatesCourt of Appeals for the Eighth Circuit · 1927
  5. State v. MOUZONSupreme Court of South Carolina · 1957

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