STATE v. RANDOLPH

17826

239 S.C. 79 (1961)

121 S.E.2d 349

STATE, Respondent, v. Willie Sam RANDOLPH et al., Appellants.

Supreme Court of South Carolina.

August 23, 1961.


Attorney(s) appearing for the Case

Messrs. Jenkins & Perry, of Columbia, Donald James Sampson, of Greenvile, William W. Bennett, of Florence, Ernest A. Finney, Jr., of Sumter, and Jack Greenberg, of New York, N.Y., for Appellants.

Messrs. Daniel R. McLeod, Attorney General, and Everett N. Brandon, Assistant Attorney General, of Columbia, and R. Kirk McLeod, Solicitor, and G. Werber Bryan, of Sumter, for Respondent.


August 23, 1961.

PER CURIAM.

The twenty-six appellants were convicted in the Magistrate's Court of "conspiring to breach the peace." Each was sentenced to pay a fine of $100.00 or to imprisonment for a period of thirty days. Their conviction was sustained by the Circuit Court. On the appeal here, they raised four questions but the only one we need decide is whether the Court erred in refusing a motion at the commencement of the trial to require the State to...

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