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STATE v. MITCHELL

16571

220 S.C. 433 (1951)

68 S.E.2d 350

STATE v. MITCHELL.

Supreme Court of South Carolina.

December 5, 1951.

Attorney(s) appearing for the Case

Mr. John M. Schofield, of Walhalla, for Appellant.

Mr. Rufus Fant, Solicitor, of Anderson, for Respondent.

December 5, 1951.

STUKES, Justice.

Appellant was convicted and sentenced in the Court of General Sessions upon indictment for driving a motor vehicle while under the influence of intoxicating liquor, and the indictment further contained the following: "That said offense is not a first offense, the said John W. Mitchell having prior thereto committed a similar offense in said State," etc. Motion to quash upon the ground...

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