State v. Kelly
Supreme Court of South Carolina
Before Sease, J., Spartanburg, July, 1919. Will Kelly indicted for assault with intent to ravish. From conviction, defendant appeals. The’ testimony of the prosecuting witness follows: Q. Where do you live, Lucy? A. Cowpens. Q. Whose daughter, whose daughter are you? A. Mr. John -’s. Q. How far do you live from this church ? A. I don’t know, sir. Q. About how far ? A. I don’t know. Q. Is it pretty close? A. No, sir.
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Before Sease, J., Spartanburg, July, 1919. Will Kelly indicted for assault with intent to ravish. From conviction, defendant appeals. The’ testimony of the prosecuting witness follows: Q. Where do you live, Lucy? A. Cowpens. Q. Whose daughter, whose daughter are you? A. Mr. John -’s. Q. How far do you live from this church ? A. I don’t know, sir. Q. About how far ? A. I don’t know. Q. Is it pretty close? A. No, sir. Q. Had you been going down there where Kelly is ? A. Yes, sir. I had been down there before this 28th day of June, once before. Q. What did you go down there for? A. Just went…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gage.
The appeal is from a verdict of judgment of the Court of Sessions. The indictment is for assault with intent to ravish. The verdict was guilty with recommendation to mercy; and the judgment was 10 years service on the public works. The defendant is a negro aged 64 years; and. the white female alleged to have been assaulted was at the instant 13 years of age. The appeal makes the single and naked issue that there is no evidence to support the verdict. And that is true.
The Court relied on State v. Johnson to be found in 84 S. C. 45, 65…
2Cases cited1 opinion
- State v. JohnsonSupreme Court of South Carolina · 1909
3Cited by7 opinions
- State v. QuickSupreme Court of South Carolina · 1942
- State v. SheaSupreme Court of South Carolina · 1955
- United States v. PritchardDistrict Court, W.D. South Carolina · 1944
- State v. EvansSupreme Court of South Carolina · 1950
- State v. FloydSupreme Court of South Carolina · 1934
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