Johnson v. State

Supreme Court of South Carolina

Johnson v. State

144 S.E.2d 285, 246 S.C. 483, 1965 S.C. LEXIS 235

CourtSupreme Court of South Carolina

DecidedOctober 4, 1965

Docket18405

StatusPublished

This text of 144 S.E.2d 285 (Johnson v. State) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Johnson v. State, 144 S.E.2d 285, 246 S.C. 483, 1965 S.C. LEXIS 235 (S.C. 1965).

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Opinion

Per Curiam.

This is an appeal from an order of the circuit court denying, without a hearing, the appellant’s petition for a writ of habeas corpus. We shall not here undertake to analyze the rather lengthy, and somewhat argumentative petition of appellant. None of its contents were traversed by any return, and the brief of respondents filed by the Attorney General’s office concedes that appellant “undoubtedly has alleged at least one set of facts constituting a prima facie case”, entitling appellant to a hearing on his petition. In fairness to the circuit judge, it should be said that the record does not reflect that such concession was made before him.

In view of the concession made by the office of the Attorney General, the order of the lower court is reversed and the cause remanded for the purpose of affording the petitioner a hearing on his petition.

Reversed and remanded.

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Per Curiam.

This is an appeal from an order of the circuit court denying, without a hearing, the appellant’s petition for a writ of habeas corpus. We shall not here undertake to analyze the rather lengthy, and somewhat argumentative petition of appellant. None of its contents were traversed by any return, and the brief of respondents filed by the Attorney General’s office concedes that appellant “undoubtedly has alleged at least one set of facts constituting a prima facie case”, entitling appellant to a hearing on his petition. In fairness to the circuit judge, it should be said that the record does not reflect that such concession was made before him.

In view of the concession made by the office of the Attorney General, the order of the lower court is reversed and the cause remanded for the purpose of affording the petitioner a hearing on his petition.

Reversed and remanded.

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Bluebook (online)

144 S.E.2d 285, 246 S.C. 483, 1965 S.C. LEXIS 235, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-state-sc-1965.