State v. SIMRING

Legge, Justice.

This is an appeal from an order estreating an appearance recognizance. The exceptions are numerous, but only one essential issue is involved, to-wit: Is the State estopped to assert that the condition of the recognizance was breached by appellant Simring, the principal?

At the May, 1955, term of the Court of General Sessions for Orangeburg County, Simon Simring and Margaret E. Estes were jointly indicted on two counts, the first charging sale and distribution of obscene literature in violation of Section 16-414 of the 1952 Code, and the second, conspiracy thereabout. On May 10,…