State v. Gleaton

The opinion of the Court was delivered by

Mr. Acting Associate Justice W. C. Cothran.

The appellant, Gleaton, entered a plea of guilty to a charge of assault and battery with intent to kill at the May, 1932, term of the Court of General Sessions for Orangeburg County and was sentenced by the presiding Judge, Hon. M. M. Mann, to serve five years upon the public works of Orangeburg County or for a like period in the State penitentiary.

Section 1039 of the Code provides that Circuit Judges shall have the power, in their discretion, to suspend sentences imposed by them upon such terms and conditions…