State v. Windham

Court of Appeals of South Carolina

State v. Windham

1 S.C. Eq. 75

DecidedFebruary 15, 1840

StatusPublished

This text of 1 S.C. Eq. 75 (State v. Windham) is published on Counsel Stack Legal Research, covering Court of Appeals 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. Windham, 1 S.C. Eq. 75 (S.C. Ct. App. 1840).

Pincite

Opinion

Curia, per

Butler, J.

This verdict, enforced according :to its strict import, wo.uld subject the defendant to penalties beyond his actual guilt, and is too indefinite to authorize the judgment of the Court. In the case of The State vs. Herring, (1 Brev. R. 159,) it is determined “ that on an indictment for larceny .of several articles .of the same kind, for each [77]*77of which there is a specific penalty, if a less number be proved than that laid in the indictment and the jury find a general verdict, a new trial will be granted.” So a new trial must be ordered in this case.

Moses for the motion. The whole Court concurred.

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Curia, per

Butler, J.

This verdict, enforced according :to its strict import, wo.uld subject the defendant to penalties beyond his actual guilt, and is too indefinite to authorize the judgment of the Court. In the case of The State vs. Herring, (1 Brev. R. 159,) it is determined “ that on an indictment for larceny .of several articles .of the same kind, for each [77]*77of which there is a specific penalty, if a less number be proved than that laid in the indictment and the jury find a general verdict, a new trial will be granted.” So a new trial must be ordered in this case.

Moses for the motion. The whole Court concurred.

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Bluebook (online)

1 S.C. Eq. 75, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-windham-scctapp-1840.