State v. Windman

Court of Appeals of South Carolina

State v. Windman

25 S.C.L. 75

DecidedFebruary 15, 1840

StatusPublished

This text of 25 S.C.L. 75 (State v. Windman) 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. Windman, 25 S.C.L. 75 (S.C. Ct. App. 1840).

Pincite

Opinion

Curia, Btjtlek, J.

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

See 2 N. & McC. 442. An. Moses for the motion.

The whole Court concurred.'

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

Curia, Btjtlek, J.

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

See 2 N. & McC. 442. An. Moses for the motion.

The whole Court concurred.'

Cite This Page — Counsel Stack

Bluebook (online)

25 S.C.L. 75, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-windman-scctapp-1840.