Legal Opinion

State v. Hamilton

Supreme Court of South Carolina

Decided July 16, 1907No. 6594PublishedCited by 5 opinions

Indictment against Samuel Hamilton for burglary. From sentence, defendant appeals. cite: Proof of separate ownership will not support allegation of joint ownership: 4 McC., 16; 2 Hill F., 5; 3 S. C., 230; 12 S. C., 180] 58 S. C., 368. Oral argument.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

The defendant was convicted under an indictment charging him with larceny of “thirty-five dollars, good and lawful money of the United States, a further description to the jurors unknown, one gold watch and necklace, all of the value of $100, of the proper goods and chattels of W. R. Wyatt and his wife, Addie Wyatt, then and there being found in his dwelling -house.”

This was manifestly an allegation of joint ownership in husband and wife. The only evidence of ownership was that of W. R. Wyatt, who testified the money was his property…

2Cases cited1 opinion

  1. State v. CouncilSupreme Court of South Carolina · 1900

3Cited by5 opinions

  1. State v. CodySupreme Court of South Carolina · 1936
  2. State v. RodmanSupreme Court of South Carolina · 1910
  3. State v. HamiltonSupreme Court of South Carolina · 1908
  4. State v. FranklinSupreme Court of South Carolina · 1921
  5. State v. SandleSupreme Court of South Carolina · 1939

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