Legal Opinion
State v. Smith
Supreme Court of South Carolina
Decided July 21, 1980No. 21263PublishedCited by 22 opinions
1Opinion of the Court
Ness, Justice:
Appellant was' convicted of kidnapping and criminal sexual conduct in the first degree. We affirm.
In the early morning of December 9, 1978, appellant abducted the prosecuting witness at gunpoint, took her to a secluded area and forced her to have sexual relations. His defense was consent.
Appellant primarily challenges the constitutionality of the kidnapping statute, § 16-3-910, Code of Laws of South Carolina (Cum. Supp. 1979), and the life sentence he received pursuant to its terms. That section provides in relevant part:
“Whoever shall unlawfully seize, confine, inveigle, decoy,…
2Cases cited7 opinions
- Rummel v. EstelleSupreme Court of the United States · 1980
- State v. CrenshawSupreme Court of South Carolina · 1980
- State v. WilliamsSupreme Court of South Carolina · 1974
- State v. GambrellSupreme Court of South Carolina · 1980
- State v. BrockSupreme Court of South Carolina · 1925
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Kornahrens v. EvattCourt of Appeals for the Fourth Circuit · 1995
- State v. CopelandSupreme Court of South Carolina · 1982
- John D. Arnold v. Parker Evatt, Commissioner, South Carolina Department of Corrections T. Travis Medlock, Attorney General, State of South CarolinaCourt of Appeals for the Fourth Circuit · 1997
- State v. DavisSupreme Court of South Carolina · 1992
- State v. PlathSupreme Court of South Carolina · 1981
17 more not listed; retrieve them via the Exa API.