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STATE v. OUTEN

17734

237 S.C. 514 (1961)

118 S.E.2d 175

STATE, Respondent, v. Walter James OUTEN, Appellant.

Supreme Court of South Carolina.

January 11, 1961.

Attorney(s) appearing for the Case

Sidney D. Duncan, Esq., of Columbia, for Appellant.

Messrs. T.P. Taylor, Solicitor, and John W. Foard, Jr., Assistant Solicitor, of Columbia, for Respondent.

January 11, 1961.

MOSS, Justice.

Walter James Outen, the appellant herein, a Negro man twenty-nine years of age, was convicted of rape and sentenced to death. Sections 16-71, 16-72, of the 1952 Code of Laws of South Carolina.

The evidence for the State was that the prosecutrix, a white married woman, was a waitress in a restaurant in the City of Columbia and resided several miles north of the City near the...

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