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STATE v. FOSTER

19636

260 S.C. 511 (1973)

197 S.E.2d 280

The STATE Respondent, v. Aubrey Lee FOSTER and James Hershel Foster, Appellants.

Supreme Court of South Carolina.

June 8, 1973.

Attorney(s) appearing for the Case

Robert O. DuPre, Esq., of Anderson, for Appellants.

Messrs. Daniel R. McLeod, Atty. Gen., Emmett H. Clair and Robert M. Ariail, Asst. Attys. Gen., of Columbia, and W.H. Ballenger, Sol., of Walhalla, for Respondent.

June 8, 1973.

LITTLEJOHN, Justice:

On May 11, 1972, the defendants were tried and convicted by a jury of possessing burglary tools and of housebreaking. Each was sentenced to ten years imprisonment. Both have appealed, alleging that they were not given a speedy trial and alleging that certain evidence was improperly admitted at the trial.

The offenses occurred on December 12, 1964. The defendants were apprehended...

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