State v. Richey
Supreme Court of South Carolina
Before Shipp, J., Abbeville, September, 1909. Indictment against R. A. Richey for carnal knowledge of a girl under 14 years. Defendant appeals. cites: Evidence of subsequent act: 45 N. W. 1109; 73 S. W. 401; 34 So. R. 840; 16 N. W. 131; 48 Am. R. 734; 62 D. R. A. 335. As to amending indictment: 24 S. C. 224; 33 S. C. 112; 80 S. C. 405. Oral argument.
1Opinion of the Court
The opinion of .the Court was delivered by
Mr. Chiee Justice Jones.
The defendant was convicted and sentenced under an indictment charging him with carnal knowledge of Martha Hall, a woman child under fourteen years of age.
1 The first question presented by the exceptions is whether it was error to allow the solicitor to amend' the indictment, found September term, 1909, which charged that defendant committed the offense on day of December, 1907, by inserting the first day of the month, without resubmitting the indictment to the grand jury.
The amendment was permissible under the authority of…
2Cases cited6 opinions
- Thayer v. ThayerMassachusetts Supreme Judicial Court · 1869
- Sykes v. StateTennessee Supreme Court · 1903
- State v. WithamSupreme Judicial Court of Maine · 1881
- State v. PalmbergSupreme Court of Missouri · 1906
- State v. RobertsonSupreme Court of North Carolina · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. McClellanSupreme Court of South Carolina · 1984
- State v. WhitenerSupreme Court of South Carolina · 1955
- State v. BrooksSupreme Court of South Carolina · 1959
- State v. PittmanSupreme Court of South Carolina · 1926
- State v. BLACKWELLSupreme Court of South Carolina · 1951
3 more not listed; retrieve them via the Exa API.