State v. Stephenson
Supreme Court of South Carolina
Before Gage, J., Kershaw, June, 1898. Indictment against J. H. Stephenson for rape. True bill found, and cause tried at February, 1898, term of the Court of General Sessions for Kershaw County. The jury did not agree upon, a verdict, and his Honor, Judge Townsend, ordered a mistrial entered.
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Before Gage, J., Kershaw, June, 1898. Indictment against J. H. Stephenson for rape. True bill found, and cause tried at February, 1898, term of the Court of General Sessions for Kershaw County. The jury did not agree upon, a verdict, and his Honor, Judge Townsend, ordered a mistrial entered. At the ensuing June term of the Court, the Solicitor announced that he would enter a nolle prosequi upon this bill, and give out another bill of indictment, charging the same offense, upon which a true bill was found. Upon arraignment, the defendant interposed the plea of former jeopardy. From order…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
Appellant was indicted for rape, and the case was submitted to a jury, at the February (1898) term of the Court of General Sessions for Kershaw County. The jury, after deliberating thereon for some fifteen or sixteen hours, failed to agree upon a verdict, and the presiding Judge, Hon. D. A. Townsend, thereupon discharged the jury, and ordered a mistrial. At the ensuing June term, upon his arraignment for trial, appellant interposed the plea of former jeopardy, which was overruled. He now appeals from the order overruling his plea of…
2Cases cited3 opinions
- United States v. PerezSupreme Court of the United States · 1824
- Logan v. United StatesSupreme Court of the United States · 1892
- Simmons v. United StatesSupreme Court of the United States · 1891
3Cited by17 opinions
- State v. KirbySupreme Court of South Carolina · 1977
- State v. GillisSupreme Court of South Carolina · 1906
- State v. BiltonSupreme Court of South Carolina · 1930
- State v. FreelySupreme Court of South Carolina · 1916
- State v. MorrisSupreme Court of South Carolina · 1963
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