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BRELAND v. STATE

18952

253 S.C. 187 (1969)

169 S.E.2d 604

Charles J. BRELAND, Appellant, v. The STATE of S.C. William D. Leeke, Director of The Department of Corrections, and J.J. Thames, Warden of the Wateree River Correctional Institution, Respondents.

Supreme Court of South Carolina.

August 19, 1969.

Attorney(s) appearing for the Case

deRosset Myers, Esq., of Charleston, for Appellant.

Messrs. Daniel R. McLeod, Attorney General, and Emmet H. Clair, Assistant Attorney General, of Columbia, for Respondents.

August 19, 1969.

LEWIS, Justice.

Petitioner-appellant, Charles J. Breland, has appealed from two orders of the lower court denying relief sought by him in successive petitions for a writ of habeas corpus.

Appellant was indicted for rape at the May 1963 term of the General Sessions Court for Charleston County. The penalty for rape is death unless a jury recommends mercy, in which event the punishment is a term...

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