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CARNES v. STATE

21310

275 S.C. 353 (1980)

271 S.E.2d 121

Ernest CARNES, Respondent, v. STATE of South Carolina, Appellant.

Supreme Court of South Carolina.

October 8, 1980.

Attorney(s) appearing for the Case

Atty. Gen. Daniel R. McLeod, Deputy Atty. Gen. Emmet H. Clair and Staff Atty. William K. Moore, Columbia, for appellant.

James L. Mann, II, Columbia, for respondent.

October 8, 1980.

NESS, Justice:

Respondent, Ernest Carnes, was indicted on charges of rape and larceny. He entered a plea of guilty to rape and was sentenced to twenty years.

Carnes applied for post-conviction relief, asserting he was unlawfully in custody as he was mentally incompetent to enter a guilty plea and was insane at the time the offense occurred. The trial court granted Carnes' application for post...

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