State v. Banks
Supreme Court of South Carolina
Before MemmingEr, J., Kershaw, Indictment against Melton Banks, defendant appeals from sentence. cite: Bach count must alone charge a complete offense: 45 S. C., 480; 55 S. C., 322. Second count does not charge privily entering: 19 S. C., 140; 34 S. C., 134; 18 Ency., 463. cites: If indictment did not allege grand larceny objection should have been made before jury empannelled: 83 S. C., 434. Not error for judge to direct jury to correct verdict: 13 S. C., 5 ; 24 S. C„ 114;…
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Before MemmingEr, J., Kershaw, Indictment against Melton Banks, defendant appeals from sentence. cite: Bach count must alone charge a complete offense: 45 S. C., 480; 55 S. C., 322. Second count does not charge privily entering: 19 S. C., 140; 34 S. C., 134; 18 Ency., 463. cites: If indictment did not allege grand larceny objection should have been made before jury empannelled: 83 S. C., 434. Not error for judge to direct jury to correct verdict: 13 S. C., 5 ; 24 S. C„ 114; 37 S. C., 159; 41 S.. C., 140; 65 S. C., 292.
1Opinion of the Court
The opinion of the Court was deliv-. ered by
Mr. Justice Gary.
The only question raised by the exceptions, is whether the Circuit Court erred in imposing upon the defendant, a sentence in excess of the punishment prescribed, in cases of petit larceny.
The indictment under the second count of which the defendant was convicted, was as follows: “ * * * That Melton Banks, late of the county and State aforesaid, on the twenty-sixth day of June, in the year of our Lord one thousand nine hundred and nine, in the night time, with force and arms, at Camden, in the county and State aforesaid, the…
2Cases cited2 opinions
- State v. LangfordSupreme Court of South Carolina · 1899
- State v. JohnsonSupreme Court of South Carolina · 1896
3Cited by4 opinions
- State v. RectorSupreme Court of South Carolina · 1930
- State v. LoganSupreme Court of South Carolina · 1983
- State v. ElliottSupreme Court of South Carolina · 2001
- State v. ElliottSupreme Court of South Carolina · 2001