46 S.C. 13 | S.C. | 1896
The opinion of the court was delivered by
At the October term, 1895, of the Court of General Sessions 'for Hampton County, in this State, George Copeland, the appellant, was arraigned on an indictment charging him with arson, in that he had, on the 20th. day of April, 1895, feloniously, willfully, and maliciously burned, by having “set fire to a certain house, to wit: a barn of one Ella Willcox, used by one C. H. Willcox for the purpose of storing his corn therein.” To this indictment the said George Copeland interposed the plea of autre fois acquit, basing said plea upon his indictment and acquittal thereon of arson, in that he had, on the 20th. day of April, 1895, burned, by having “set fire to a certain house, to wit: a corn house or barn of one C. H. Willcox.”
The Circuit Judge — -Judge Buchanan — overruled the plea, and the defendant appeals from said decision.
The Circuit Judge was in error in overruling the plea in question.
It is the judgment of this court, that the order appealed from be reversed, and that the action be remitted to the Circuit Court, with directions to that court to enforce the plea of autre fois acquit.