State v. Bouknight
Supreme Court of South Carolina
Before Gary, J., Saluda, December term, 1898. Indictment against Prince Bouknight for housebreaking and larceny. From order quashing first count in the indictment, and ordering solicitor to elect under which count he would go to trial, the State appeals. As to requiring solicitor to elect: 15 S. C., 434; Crim. Code, 142. Section 142, Crim. Code, contains no exception and requires no negative averment: 37 Am. Dec., 81; 18 Tex.
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Before Gary, J., Saluda, December term, 1898. Indictment against Prince Bouknight for housebreaking and larceny. From order quashing first count in the indictment, and ordering solicitor to elect under which count he would go to trial, the State appeals. As to requiring solicitor to elect: 15 S. C., 434; Crim. Code, 142. Section 142, Crim. Code, contains no exception and requires no negative averment: 37 Am. Dec., 81; 18 Tex. App., 311; 63 Wis., 260; 12 Met., 240; 7 Gratt, 619; 29 Tex., 44.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice McIver.
The indictment in this case contained three counts — the first charging the defendant with feloniously breaking and entering, on the 13th of March, 1898, in the night time, the weather house of one Eli Kinard, with intent the goods and chattels of Eli Kinard and Jake Kinard, in the said weather house then and there being found, to unlawfully steal, take' and carry away; second, charging the defendant with the simple larceny of certain goods and chattels of Eli Kinard and Jake Kinard; and the third count was in all respects…
2Cited by18 opinions
- Mitchell v. CommonwealthSupreme Court of Virginia · 1925
- State v. SolomonSupreme Court of South Carolina · 1965
- State v. SowellSupreme Court of South Carolina · 1910
- City of Greenville v. ChapmanSupreme Court of South Carolina · 1947
- State v. SWEATSupreme Court of South Carolina · 1952
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