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State v. Hamilton

Citations

  • 486 S.E.2d 512
  • 327 S.C. 440

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that when the State is required to prove a prior conviction as an element of a crime it cannot be forced to accept a defendant's offer to stipulate
  • holding because two prior burglary and/or housebreaking convictions are an element of first-degree burglary under the South Carolina Code, the defendant cannot require the State to stipulate to the prior convictions in lieu of informing the jury about the prior convictions
  • holding because two prior burglary and/or housebreaking convictions are an element of first-degree burglary under the South Carolina Code, the defendant cannot require the State to stipulate to the prior convictions in lieu of informing the jury about the prior convictions
  • stating that when a specific prior conviction is required to prove a statutory element, generic statements about the offense are not possible and the jury would learn about the prior conviction when it is instructed on the elements of the crime
  • Evidence of prior burglary or housebreaking convictions are properly admitted for the limited purpose of establishing the elements of first-degree burglary.

Source: CourtListener parenthetical corpus (CC0).

Judges: Hearn, Cureton, Stilwell

Read full opinion on CourtListener

Cited by

18 cases in this archive cite this case.

Cites

7 cases in this archive are cited by this case.

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.