Legal Opinion

State v. Carroll

Supreme Court of South Carolina

Decided January 3, 1889PublishedCited by 14 opinions

Before NORTON, J., Orangeburg, May, 1888. To the statement made in the opinion of this court, it is necessary to add only this : A witness for the State testified that the letter was written by Mr. Byuck and carried by witness to Carroll to sign. Carroll declined to sign unless the name of Laura Smoak was erased. Mr. Byuck declined to erase her name.

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Before NORTON, J., Orangeburg, May, 1888. To the statement made in the opinion of this court, it is necessary to add only this : A witness for the State testified that the letter was written by Mr. Byuck and carried by witness to Carroll to sign. Carroll declined to sign unless the name of Laura Smoak was erased. Mr. Byuck declined to erase her name. Witness then took it back to Carroll and told Carroll he (witness) thought it would be best for Carroll to sign it, and that if he signed it, witness thought the whole matter would be dropped. Carroll then,'signed it under protest, saying that he…

1Opinion of the Court

The opinion of the court was delivered by

Mr. Justice McIyer.

The appellant was indicted jointly with one Laura Smoak for adultery, the charge in the indictment being, “that the áaid Daniel J. Carroll and Laura Smoak * * * did unlawfully and habitually have carnal intercourse with each other, he, the said Daniel J. Carroll, being then and there a married man, and she, the said Laura Smoak, then and there being unmarried,” &c.

At the call of the case, the solicitor announced that the defendant, Laura Smoak, not having been arrested, he would proceed with the trial of Carroll. Counsel for…

2Cases cited3 opinions

  1. State v. EllisSupreme Court of Missouri · 1881
  2. Commonwealth v. BakemanMassachusetts Supreme Judicial Court · 1881
  3. Alonzo v. StateCourt of Appeals of Texas · 1884

3Cited by14 opinions

  1. State v. GentrySupreme Court of South Carolina · 2005
  2. State v. HesterSupreme Court of South Carolina · 1926
  3. Signs v. StateCourt of Criminal Appeals of Oklahoma · 1926
  4. Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
  5. State v. HinsonSupreme Court of South Carolina · 1970

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