State v. Mills

Littlejohn, Justice:

A criminal indictment charging Richard Mills (Respondent) with violation of Section 20-7-50 of the Code of Laws of South Carolina (1976) was dismissed on the grounds of double jeopardy and collateral estoppel. This code section makes it unlawful for a legal custodian to neglect a child or helpless person. The State has appealed. We reverse and remand.

In June of 1982, both the Respondent and his wife were tried under an indictment for murder of their infant daughter. The trial judge directed a verdict of not guilty on the murder charge but submitted the lesser included…