Legal Opinion

State v. Sheppard

Supreme Court of South Carolina

Decided February 1, 1899PublishedCited by 15 opinions

Before Townsend, J., Lexington, February, 1898. Indictment against John Sheppard, Monroe Seay and Hampton Rawl. From verdict and sentence, defendants, Seay and Rawl, appeal. Indictment should have been quashed: 2 McC., 257. Indictment charging three different and distinct offenses, at different and distinct places, solicitor, should have been required to elect 24 S. C., 142. Cruel or unusual punishment shall not be indicted: Art. 1, sec. 19, and sec. 5 of Con.

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Before Townsend, J., Lexington, February, 1898. Indictment against John Sheppard, Monroe Seay and Hampton Rawl. From verdict and sentence, defendants, Seay and Rawl, appeal. Indictment should have been quashed: 2 McC., 257. Indictment charging three different and distinct offenses, at different and distinct places, solicitor, should have been required to elect 24 S. C., 142. Cruel or unusual punishment shall not be indicted: Art. 1, sec. 19, and sec. 5 of Con. (oral argument).

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice McIver.

The indictment under which these defendants were tried contains three counts. In the first, the offense charged was riot; in the second, the offense charged was assault with intent to kill; and in the third count, the offense charged was disturbing a religious congregation. In the first count, the offense was alleged to have been committed “at Countsville African Methodist Episcopal Church, in the county of Lexington and State aforesaid;” in the second count, the offense was alleged to have been committed “at Lexington Court…

2Cited by15 opinions

  1. State v. HoustonUtah Supreme Court · 2015
  2. State Ex Rel. McLeod v. C & L CORP. INC.Court of Appeals of South Carolina · 1984
  3. State v. JonesSupreme Court of South Carolina · 1910
  4. City of Greenville v. ChapmanSupreme Court of South Carolina · 1947
  5. Ex Parte KlughSupreme Court of South Carolina · 1925

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