252 S.C. 591 (1969)

167 S.E.2d 621

The STATE, Respondent, v. Billy Gene DANIELS, Appellant.

Supreme Court of South Carolina.

May 12, 1969.

Attorney(s) appearing for the Case

Messrs. Paul J. Foster, Jr., and Kenneth C. Porter, of Greenville, for Appellant.

Messrs. B.O. Thompson, Jr., Solicitor, and H.F. Partee, Assistant Solicitor, of Greenville, for Respondent.

May 12, 1969.


Albert B. Scott, an employee in charge of Herndon's Esso filling station near the City of Greenville, was held up and at gun point robbed by two men about 2 o'clock A.M. on April 14, 1967. After money was taken Scott was tied, hands and feet, with strips of cloth material. James Durham and Billy Gene Daniels were indicted and charged with the offense. When the case was tried James Durham was

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