State v. Rumler
State v. Rumler
276 S.C. 179; 276 S.E.2d 925; 1981 S.C. LEXIS 332
State v. Rumler
Opinion of the Court
The defendant, Jerry A. Rumler, was found guilty by jury of both housebreaking and larceny and sentenced to 18 years in prison.
The only issue submitted by this appeal is whether the judge erred in charging the jury that it could not find the defendant guilty of one count (e. g. housebreaking) and not guilty of the other (e. g. larceny). A review of the evidence convinces us that, depending upon the credibility of the witnesses, a jury might have found the defendant guilty of one count and not guilty of the other. See State v. Amerson, 244 S. C. 374, 137 S. E. (2d) 284 (1964).
The case is remanded for a new trial.
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.