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STATE v. ALBERT

19308

257 S.C. 131 (1971)

184 S.E.2d 605

The STATE, Respondent, v. Gerald ALBERT, Appellant.

Supreme Court of South Carolina.

November 3, 1971.

Attorney(s) appearing for the Case

Messrs. Matthew J. Perry, of Jenkins, Perry & Pride, of Columbia, and Fred Henderson Moore, of Charleston, for Appellant.

Messrs. Daniel R. McLeod, Atty. Gen., and E.N. Brandon, Asst. Atty. Gen., of Columbia, and Leonard A. Williamson, Solicitor, of Aiken, for Respondent.

Nov. 3, 1971.

MOSS, Chief Justice.

Gerald Albert, the appellant herein, and thirty-five other persons were indicted by the Grand Jury of Bamberg County and charged with the offense of riot. The indictment charged that Gerald Albert, and his co-defendants, on April 28, 1969:

"did willfully, riotously, routously and tumultuously assemble and meet together and disturb the peace of the State, and being so then...

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