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THOMAS v. LEEKE

19108

257 S.C. 491 (1970)

186 S.E.2d 516

James Esther THOMAS, Respondent-Appellant, v. William D. LEEKE, successor to Ellis C. MacDougall, Director of the South Carolina Department of Corrections, Appellant-Respondent.

Supreme Court of South Carolina.

October 5, 1970.

Attorney(s) appearing for the Case

Messrs. Daniel R. McLeod, Atty. Gen., and Emmet H. Clair, R. Evan Palmer, Asst. Attys. Gen., of Columbia, for Appellant-Respondent.

Messrs. John W. Williams, Jr., and John W. McIntosh, of Columbia, for Respondent-Appellant.

Messrs. John W. Williams, Jr. and John W. McIntosh, of Columbia, for Respondent-Appellant, on Appeal.

Messrs. Daniel R. McLeod, Atty. Gen., and Emmet H. Clair, R. Evan Palmer, Asst. Attys. Gen., of Columbia, for Appellant-Respondent.

October 5, 1970.

LITTLEJOHN, Justice:

The petitioner Thomas, after pleading not guilty, was convicted by a jury of the crime of rape. The jury did not recommend mercy and he was, on February 17, 1965, sentenced to death, which was the only penalty provided by law. His conviction was affirmed by this court on December 12, 1966. State v. Thomas, 248 S.C. 573, 151...

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