Supreme Court of South Carolina, 1966

Owen v. State

Supreme Court of South Carolina · Decided July 28, 1966

248 S.C. 233; 149 S.E.2d 600; 1966 S.C. LEXIS 178

Cases that cite this one

1 later published case cites this decision.

Crady v. State (S.C. 1966)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM:

This case is controlled by our decision in Dukes v. State, S. C., 149 S. E. (2d) 598 filed contemporaneously herewith. The two cases are concerned with the same indictment and raise the same single issue; they differ only in that they have arrived here via different routes. In the Dukes case, appeal was from a resentence; in this, appeal is by the State from an order of the Honorable John Grimball, Judge of the Fifth Judicial Circuit, in habeas corpus, construing the indictment as having charged highway robbery, not armed robbery, holding that the petitioner, Owen, had served the *235maximum period of confinement provided by law, and ordering him discharged from custody under sentence for that charge.

For the reasons stated in Duke v. State, supra, the judgment is reversed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.