Finley v. State
Decision Date | 01 May 1951 |
Docket Number | No. 16498,16498 |
Citation | 64 S.E.2d 881,219 S.C. 278 |
Court | South Carolina Supreme Court |
Parties | FINLEY v. STATE. |
T. C. Callison, Atty. Gen., James S. Verner, Asst. Atty. Gen., for appellant.
C. T. Graydon, Columbia, for respondent.
Respondent was released from the State Penitentiary by order of the Richland County Court dated November 24, 1950, after hearing in habeas corpus proceedings, but she was required to give bond pending this appeal by the State. On June 3, 1947, she was convicted in the Court of General Sessions of Abbeville County of assault and battery with intent to kill, for which she paid an alternative fine; and also of maintaining a public nuisance for which latter she was sentenced to imprisonment for one year, which was suspended and she was placed on probation for five years. On September 8, 1948, she was tried in the same court for a subsequent offense and convicted of assault and battery of a high and aggravated nature, and sentenced to two years imprisonment. She appealed from this judgment; it was affirmed. State v. Finley, 215 S.C. 62, 54 S.E.2d 60.
Thereupon respondent began service of the sentence on June 27, 1949. On June 29, 1949, she was taken before the judge at Newberry who had imposed the suspended sentence of one year in 1947, and on account of the subsequent conviction in 1948 the court revoked the suspension of the earlier, 1947 sentence, the order being in effective part as follows:
The Richland County Court, whose order is here under review, concluded that the one year sentence of 1947, the suspension of service of which was revoked by the quoted order of June 29, 1949, was served concurrently with the longer sentence of 1948; in other words that the sentences ran concurrently, whereby respondent was entitled to release. The contrary contention of the State is that the formerly suspended sentence would begin to run only after completion of service of the 1948 sentence.
Ex parte Klugh, 132 S.C. 199, 128 S.E. 882, 887, was concerned with parallel facts. The appellant there was convicted upon several counts for which he was sentenced on Nov. 12, 1923, to three years imprisonment. Two days later, as here, on Nov. 14, 1923, the court revoked the suspension of a sentence of one year which had been imposed upon conviction of a former offense in March 1921. The gravamen of the appeal was appellant's contention that the sentence of three years was erroneous and it should have been for one year, which position was overruled. Controversy similar to that now presented was considered by the court which concluded its opinion by Mr. Justice Marion in the following language:
While the foregoing was patently obiter it appears to be entirely sound and in the absence of direct precedent should govern the decision of the case at bar.
Forceful statement of the general law elsewhere is found in People ex rel. Clancy v. Graydon, Sheriff, 329 Ill. 398, 160 N.E. 748, 749, as follows: ...
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Kaylor v. State
...Jeopardy Clause from being responsible for those acts through both criminal prosecution and probation revocation); Finley v. State, 219 S.C. 278, 64 S.E.2d 881 (1951) (society should not be cheated by allowing guilty persons to escape punishment by having sentences run concurrently on revoc......
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Tant v. S.C. Dep't of Corr.
...place of confinement run concurrently, in the absence of specific provisions in the judgment to the contrary....” Finley v. State, 219 S.C. 278, 282, 64 S.E.2d 881, 882 (1951). Although the intent of the judge is controlling in determining whether sentences run concurrently or consecutively......
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State v. DeAngelis
...three years shall be served, as well as that a total of four years should be served. Accordingly, under the rationale of Finley v. State, 219 S.C. 278, 64 S.E.2d 881, we think the sentences sufficiently indefinite as to require the interpretation that the one year sentence imposed in this c......
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State v. Furman, 22510
...unless it is expressly noted that they are to run consecutively. This same principle applies in South Carolina. Finley v. State, 219 S.C. 278, 64 S.E.2d 881 (1951). The court in Wheeler went on to say, "We have consistently ruled to the contrary when two or more sentences have been imposed ......