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SMITH v. STATE

19171

255 S.C. 417 (1971)

179 S.E.2d 210

Willie J. SMITH and James Weldon Smith, Respondents, v. STATE of South Carolina, et al., Appellants.

Supreme Court of South Carolina.

February 11, 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.

Messrs. Geddes H. Martin, and Ralph C. Robinson, Jr., of Columbia, for Respondents.

February 11, 1971.

BRAILSFORD, Justice.

The petitioners, Willie J. Smith and James Weldon Smith, sought habeas corpus relief from sentences imposed on them in Darlington County on April 9, 1968, upon their entry of pleas of guilty to rape, contending that their pleas had been coerced by fear that a jury trial might result in the imposition of the death penalty. The circuit court concluded that petitioners were...

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