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STATE v. FORTNER

20173

266 S.C. 223 (1976)

222 S.E.2d 508

The STATE, Respondent, v. James R. FORTNER, Appellant.

Supreme Court of South Carolina.

February 25, 1976.

Attorney(s) appearing for the Case

Messrs. Charles H. Chiles and Thomas F. McDow, of Rock Hill, for Appellant.

Messrs. Daniel R. McLeod, Atty. Gen., Joseph R. Barker and Brian P. Gibbes, Asst. Attys. Gen., of Columbia, and Mike S. Jolly, Sol., of Union, for Respondent.

February 25, 1976.

GREGORY, Justice:

Appellant was tried and convicted of house breaking and grand larceny and sentenced to five years. He appeals on two grounds: (1) the court did not have jurisdiction to try him and his conviction is a nullity; (2) he was not allowed to testify at the hearing on the voluntariness of his confession and was thus deprived of a reliable determination thereof required by Jackson v. Denno, 378 U.S. 368

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