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STATE v. SHEPPARD

18569

248 S.C. 464 (1966)

150 S.E.2d 916

The STATE, Appellant, v. Larry SHEPPARD, Respondent.

Supreme Court of South Carolina.

November 1, 1966.

Attorney(s) appearing for the Case

Daniel R. McLeod, Attorney General, and Joseph C. Coleman, Assistant Attorney General, of Columbia, and L.A. Williamson, Solicitor, of Aiken, for Appellant.

Messrs. George H. Grant and Benjamin Surasky, of Aiken, for Respondent.

November 1, 1966.

BRAILSFORD, Justice.

This is an appeal by the State from an order of the circuit court quashing an indictment charging the defendant with operating a motor vehicle, quoting from the indictment, "while under the influence of intoxicating liquor and drugs," in violation of Section 46-343, Code of 1962. The court held that the indictment charges two separate offenses in the same count, i. e....

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