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ALLEN v. MacDOUGALL

18587

248 S.C. 588 (1966)

151 S.E.2d 863

Alvin T. ALLEN, Appellant, v. Ellis C. MacDOUGALL and the Department of Corrections, Respondents.

Supreme Court of South Carolina.

December 13, 1966.

Attorney(s) appearing for the Case

John B. Butler, Jr., Esq., of Columbia, for Appellant.

Messrs. Daniel R. McLeod, Attorney General, and Edward B. Latimer and John A. Cutts, III, Assistant Attorneys General, of Columbia, for Respondents.

December 13, 1966.

LIONEL K. LEGGE, Acting Associate Justice.

Appeal from a circuit court order discharging a writ of habeas corpus.

Appellant was arrested on June 19, 1964. He was indicted on June 22 and tried on June 25 and 26, 1964, for housebreaking, larceny and safecracking. The indictment was originally drawn against one Kenneth Flenniken alone; before it was handed to the grand jury the name of the appellant, Alvin T. Allen, was, by the...

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