38 S.C. 353 | S.C. | 1893
The opinion of the court was delivered by
The jury having found Sandy Woodard, alias J. A. Woodard, guilty of grand larceny, and Wirt M. Wadell guilty of receiving goods that were stolen by J. A. Woodard, knowing them to have been so stolen, his honor, Judge Wallace, as presiding judge, sentenced the former to hard labor in the penitentiary for three years, and the latter to two years hard labor in the penitentiary. The defendants now appeal from the judgment upon the following grounds: “1. Because his honor erred in not sustaining the motion of the defendants to quash the indictment on the grounds taken before him. 2. Because his honor erred in holding that there was no misjoinder of offences in this indictment. 3. Because his honor erred in holding that there was no misjoinder of defendants in this indictment. 4. Because his honor erred in holding that the several offences charged in this indictment were properly joined. 5. Because his honor erred in holding that Sandy Woodard, Frank Sellers and Wirt M. Wadell, who were charged in the first and second counts with housebreaking and grand larceny, were properly joined with Frank Sellers and Wirt M. Waddell, who were charged in a third count with buying and receiving stolen goods from Sandy Woodard, well knowing them to be stolen.” These five grounds of appeal resolve themselves into one, or at most into two questions — a misjoinder of offences in the indictment, and a misjoinder of persons in the same instrument.
From the “Case” it appears that on the 24th January, 1892,
This is no new question in our courts. In State v. Nelson, 14 Rich., 172, Mr. Justice Inglis, as the organ of the court, said: “If really distinct felonies be charged in separate counts of an indictment, no objection, in point of law, can be made.” So, also, in State v. Scott, 15 S. C., 435, Mr. Justice Mclver, in referring to this matter, said: “The rule upon this subject seems to be, that there is no valid objection to the joinder of several distinct felonies in the same indictment, and that such joinder constitutes no ground for demurrer or motion in arrest of judgment.” The same conclusion was reached in the case of State v. Norton, 28 S. C., 576. The effect of a union in the same indictment of several counts for .distinct offences is different,
It is the judgment of this court, that the judgment of the Circuit Court be affirmed.