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STATE v. SMITH

20307

267 S.C. 527 (1976)

229 S.E.2d 851

The STATE, Respondent, v. Roger Wayne SMITH, Appellant.

Supreme Court of South Carolina.

November 11, 1976.

Attorney(s) appearing for the Case

Messrs. Jeffrey A. Merriam and James H. Lengel of Greenville for Appellant.

Messrs. Daniel R. McLeod, Atty. Gen., and Joseph R. Barker, Asst. Atty. Gen., of Columbia, and William W. Wilkins, Jr., Sol., of Greenville, for Respondent.

November 11, 1976.

LEWIS, Chief Justice:

We are concerned in this appeal with the constitutionality of Section 16-331 of the 1962 Code of Laws, which prescribes the punishment for burglary. This statute provides that any person convicted of burglary at common law shall be imprisoned for life unless the jury finds a special verdict recommending him to the mercy of the court, whereupon the punishment shall be reduced...

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