Legal Opinion

State v. Posey

Court of Appeals of South Carolina

Decided May 15, 1854Published

Before O’Neall, J., at Abbeville, Spring Term, 1854. The report of his Honor the presiding Judge, is as follows : “ In this case, the prisoner was indicted, in the first count, for grand larceny, under the statute, for stealing promissory notes, commonly called bank notes ; in the second count for the same offence, at Common Law, for stealing a purse, handkerchief, knife and gloves; in the third and fourth counts for being an accessory before the fact in these particulars;…

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Before O’Neall, J., at Abbeville, Spring Term, 1854. The report of his Honor the presiding Judge, is as follows : “ In this case, the prisoner was indicted, in the first count, for grand larceny, under the statute, for stealing promissory notes, commonly called bank notes ; in the second count for the same offence, at Common Law, for stealing a purse, handkerchief, knife and gloves; in the third and fourth counts for being an accessory before the fact in these particulars; in the fifth and sixth counts he was indicted for receiving stolen goods, to wit: the bank notes in the fifth count, and…

1Opinion of the Court

The opinion of the Court was delivered by

Withers, J.

By various counts in the same indictment the prisoner was charged with the felony of larceny, and also with receiving stolen goods, knowing them to be stolen, the latter offence being laid, in different counts, contra formam statuti, and also in the last as at Common Law. At a former term he had *489appeared, was represented by counsel, and the cause was postponed to the late term of General Sessions. He claimed at the latter the right of traverse; it was denied, and error is assigned therein, before this Court.

The prisoner was arraigned upon…

2Cases cited1 opinion

  1. United States v. MoultonU.S. Circuit Court for the District of Massachusetts · 1830

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