State v. Pitts

Citations

• 12 S.C. 180
• 1879 S.C. LEXIS 51

Syllabus

<p>1. The changes made by the code of procedure in the methods of appeal, do not affect criminal causes. In such cases there should be a report of the-Circuit judge, unaccompanied by a statement of counsel, unless the agreement of counsel made in good faith is submitted as a substitute for such report. But query: Whether the solicitor, by his admissions, can so bind’ the state as to prevent this court from interfering in the interests of justice; and whether the report of the Circuit judge can be modified by agreement of counsel ?</p> <p>2. Prior to 1868, a conviction could be had upon an indictment for larceny alleging the properly to be in the husband, when the goods were the clothing of the wife.</p> <p>3. Under the constitution of 1868, Article XIV., Section 8, a married woman may acquire separate property by gift from her husband, but the mere use and enjoyment by her of personal property purchased by the husband,, does not establish her right to a separate estate therein.</p> <p>4. A prisoner should not be convicted of stealing goods which belonged to a; married woman, under an indictment charging them to be the property of her husband; and when they were purchased by the husband and used by the wife, it is for the jury to say whether the wife had acquired a. separate property therein.</p>