State v. Howard
Supreme Court of South Carolina
Before Krugh, J., Beaufort, January term, 1902. Indictment against Sam Howard for burglary. From sentence on verdict of guilty, defendant appeals. cites: Defendant was joint occupant of dwelling with prosecutor, and could not he convicted of burglary: 1 Bish. Cr.
Read the full summary
Before Krugh, J., Beaufort, January term, 1902. Indictment against Sam Howard for burglary. From sentence on verdict of guilty, defendant appeals. cites: Defendant was joint occupant of dwelling with prosecutor, and could not he convicted of burglary: 1 Bish. Cr. E., sec. 577; 2 Id., sec. 97, note; 2 Hale P. C., 554; 5 Ency., 2 ed., 51, 67; 7 Rich., 129. Jury trying defendant was illegal: 62 S. C., 247, 251; and jurors not proper arbiters: 2 Speer, 216; 1 Rich., 188; 7 Rich., 338. If defect appear on record it is good ground in arrest of judgment: 36 S. C., 382; 2 Speer, 211; 1 Rich., 188; 15…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
The defendant was convicted under an indictment for burglary and larceny, and being recommended to mercy by the jury, was sentenced to five years imprisonment in the penitentiary. He was not represented by counsel on the trial, but after conviction he secured counsel and moved for a new trial, “on the ground that a joint occupant of a dwelling house cannot be convicted for burglariously breaking into such dwelling house,” which motion was refused by the Circuit Court, “the Court being of the opinion that the testimony establishes the…
2Cases cited1 opinion
- Lowder v. StateSupreme Court of Alabama · 1879
3Cited by7 opinions
- State v. RioWashington Supreme Court · 1951
- United States v. WilliamsUnited States Court of Military Appeals · 1954
- United States v. BrowderUnited States Court of Military Appeals · 1965
- State v. SingleyCourt of Appeals of South Carolina · 2009
- Ex Parte GentrySupreme Court of Alabama · 1996
2 more not listed; retrieve them via the Exa API.