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CROSBY v. STATE

17951

241 S.C. 40 (1962)

126 S.E.2d 843

John G. CROSBY, Appellant, v. The STATE of South Carolina and W.M. Manning, Superintendent, South Carolina State Penitentiary, Respondents.

Supreme Court of South Carolina.

August 14, 1962.

Attorney(s) appearing for the Case

John G. Crosby, Appellant, pro se, of Columbia.

Messrs. Daniel R. McLeod, Attorney General, and Clarence T. Goolsby, Jr., Asst. Attorney General, of Columbia, for Respondents.

August 14, 1962.

LEWIS, Justice.

The appellant entered a plea of guilty on or about November 1, 1960, to the crime of rape and received a sentence of forty years imprisonment which he is now serving in the South Carolina State Penitentiary. On July 30, 1961, he filed a petition in the lower Court for a write of habeas Corpus which was dismissed without a hearing on the ground that the petition failed to set...

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