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HITTER v. McLEOD

21224

274 S.C. 616 (1980)

266 S.E.2d 418

Michael HITTER, on behalf of himself and all others similarly situated, Respondent, v. Daniel R. McLEOD, Attorney General of the State of South Carolina, Individually, in his official capacity, and on behalf of all others who prosecute criminal actions for the State of South Carolina, Appellant.

Supreme Court of South Carolina.

May 12, 1980.

Attorney(s) appearing for the Case

Atty. Gen. Daniel R. McLeod, Asst. Atty. Gen. Brian P. Gibbes, Staff Atty. Grady L. Patterson, III, and Sol. James C. Anders, Columbia, for appellant.

Roy T. Stuckey, Vance L. Cowden and John L. Davidson, Columbia, for respondent.

May 12, 1980.

GREGORY, Justice:

Respondent Michael Hitter brought this class action seeking a declaratory judgment that the 1977 Death Penalty Act1 cannot be applied to persons charged with a murder committed prior to the effective date of the Act.2 Attorney General Daniel R. McLeod's demurrer to the complaint was overruled3 by the circuit court and he appeals. We dismiss...

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