State v. Whittle

Supreme Court of South Carolina

State v. Whittle

123 S.E. 259, 128 S.C. 469, 1924 S.C. LEXIS 238

CourtSupreme Court of South Carolina

DecidedJune 9, 1924

Docket11528

StatusPublished

Cited by2 cases

This text of 123 S.E. 259 (State v. Whittle) 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

State v. Whittle, 123 S.E. 259, 128 S.C. 469, 1924 S.C. LEXIS 238 (S.C. 1924).

Pincite

Opinion

The opinion of the Court was delivered by

Mr. Justice Watts.

The appellants were tried under an indictment for grand larceny, convicted before his Honor, Judge Memminger, January 17, 1923, and sentenced by him to seven years at hard labor in the state penitentiary. The appellants appeal and present the sole question that, at the conclusion *470 of the testimony submitted by the state, his Honor should have directed a verdict of not guilty in favor of the appellants, Lawton and Whittle.

We have studied the evidence relied on by the state to convict, and conclude that it is not proof sufficient to show guilt, beyond a reasonable doubt, of the appellants; not even proof to raise a grave suspicion as to their guilt. A verdict of not guilty should have been directéd as asked for.

The judgment is reversed.

Messrs. Justices Fraser and Cothran concur. Mr. Chief Justice Gary not participating. Mr. Justice Marion dissents.

Free access — add to your briefcase to read the full text and ask questions with AI