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Stevenson v. State

Citations

  • 516 S.E.2d 434
  • 335 S.C. 193
  • 1999 S.C. LEXIS 85

How courts have described this case

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

  • noting “a lesser offense is included in the greater only if each of its elements is always a necessary element of the greater offense” (emphasis added)
  • overruling Hoilman’s holding by deciding that convictions for both assault and battery of a high and aggravated nature and resisting arrest do not constitute a double jeopardy violation
  • overruling Hollman's holding by deciding that convictions for both assault and battery of a high and aggravated nature and resisting arrest do not constitute a double jeopardy violation
  • \The Hollman Court held that convictions for resisting arrest and ABHAN constituted a violation of the Double Jeopardy clause.\
  • offense of resisting arrest requires proof that a person knowingly and wilfully assaulted, beat, or wounded a law enforcement officer during an arrest when the person resisting knew or should have known the officer was a law enforcement officer

Source: CourtListener parenthetical corpus (CC0).

Judges: Burnett, Toal, Moore, Waller, Finney

Read full opinion on CourtListener

Cited by

13 cases in this archive cite this case.

Cites

16 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.