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EX PARTE LEEKE

19297

257 S.C. 82 (1971)

184 S.E.2d 80

Ex parte William D. LEEKE, Director, South Carolina Department of Corrections, Appellant. In re STATE, v. McKINLEY, of which The State of South Carolina is Respondent.

Supreme Court of South Carolina.

October 7, 1971.

Attorney(s) appearing for the Case

Messrs. Daniel R. McLeod, Atty. Gen., Emmet H. Clair, and John P. Wilson, Asst. Attys. Gen., of Columbia, for Appellant.

Marion H. Kinon, Esq., Solicitor, of Dillion, for Respondent.

October 7, 1971.

Per Curiam:

Upon conviction of robbery, the sixteen-year-old defendant was sentenced to eight years' imprisonment in the Department of Corrections. The director of that department refused to receive the defendant into custody, whereupon the sentencing court ordered the director to do so. The director has appealed from this order.

Section 55-50.30, Code of 1962 (Supp. 1970), prescribes the conditions under which juveniles below...

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