Citation Codes Equivalent Citations citation codes Docket Number 18543 Attorney(S) Messrs. Daniel R. McLeod, Attorney General, and Edward B. Latimer, Assistant Attorney General, of Columbia, for Appellants, cite: As to the Respondent pleading guilty to the offense of robbery or highway robbery, and was correctly sentenced under Code Section 16-333, Code of Laws of South Carolina 1962, prescribing the penalty for "robbery while armed": 42 C.J.S. 893, Indictments and Information, Sec. 35; 24 S.C. 150; C.J.S. 894-896, 901-902, Indictments and Information, Sec. 62; 42 C.J.S. 989-990, Indictments and Information, Sec. 107; 42 C.J.S. 992, Indictments and Information, Sec. 111; 42 C.J.S. 904, Indictments and Information, Sec. 48; 42 C.J.S. 957, 960, 989, 990, 991, Indictments and Information, Secs. 90. 107, 109; 42 C.J.S. 1344, Indictments and Information, Sec. 312; 77 C.J.S. 519, Robbery, Sec. 51; 2 Wharton's Criminal Law and Procedure 247, Robbery, Sec. 547; 77 C.J.S. 449, 450, Robbery, Sec. 2; 2 Wharton's Criminal Law and Procedure 246, Robbery, Sec. 546; 77 C.J.S. 446, 447, Robbery, Sec. 1; 2 Wharton's Criminal Law and Procedure 241, Robbery, Sec. 545; 77 C.J.S. 455, Robbery, Sec. 10; 77 C.J.S. 448, Robbery, Sec. 1; 161 N.W. 595, 136 Minn. 299; 29 S.E.2d 34, 224 N.C. 61; 77 C.J.S. 486, Robbery, Sec. 44; 77 C.J.S. 522, Robbery, Sec. 55; 2 Wharton's Criminal Law and Procedure 244, Robbery, Sec. 546; 77 C.J.S. 458, Robbery, Sec. 15; 77 C.J.S. 447, Robbery, Sec. 1; 77 C.J.S. 467, Robbery, Sec. 28; 2 Wharton's Criminal Law and Procedure 243, Robbery, Sec. 546; 77 C.J.S. 471, Robbery, Sec. 33; 77 C.J.S. 472, Robbery, Sec. 33, note 60; 77 C.J.S. 477-478, 479, Robbery, Secs. 40, 43; 42 C.J.S. 1303, 1322, Indictments and Information, Secs. 283, 293; 77 C.J.S. 481, Robbery, Sec. 43; 2 Wharton's Criminal Law and Procedure 244, Robbery, Sec. 546; 77 C.J.S. 520, Robbery, Sec. 54; 77 C.J.S. 485, Robbery, Sec. 44 g; 77 C.J.S. 503-504, Robbery, Sec. 47, note 45; 215 S.C. 74, 54 S.E.2d 517; 77 C.J.S. 495, Robbery, Sec. 47, note 84; 1966 Cum. Ann. Pocket Part. 37; 225 S.C. 267, 82 S.E.2d 63; 77 C.J.S. 509, Robbery, Sec. 48; 1966 Cum. Ann. Pocket Part 42; 233 S.C. 103, 74 S.E.2d 573; 127 S.C. 116, 120 S.E. 490; 2 Nott McC. 312, 11 S.C.L. 312; 5 Rich. 219, 39 S.C.L. 219; 225 S.C. 89, 80 S.E.2d 918; 235 S.C. 11, 109 S.E.2d 716. S. Augustus Black, Esq., of Columbia, for Respondent, cites: As to the trial Judge properly concluding that the indictment was ambiguous, and must be construed favorably to defendant as charging only the lesser crime: 235 S.C. 11, 109 S.E.2d 716. Judges PER CURIAM: See more information ... Smart Summary Please sign up to generate summary. Sidney C. OWEN, Respondent, v. STATE of South Carolina et al., Appellants. July 28, 1966. PER CURIAM: This case is controlled by our decision in Dukes v. State, S.C. 149 S.E.2d 598 filed contemporaneously herewith. The two cases are concerned with the same indictment and raise the same single issue; they differ only in that they have arrived here via different routes. In the Dukes case, appeal was from a resentence; in this, appeal is by the State from an order of the Honorable John Grimball, Judge of the Fifth Judicial Circuit, in habeas corpus, construing the indictment as having charged highway robbery, not armed robbery, holding that the petitioner, Owen, had served the maximum period of confinement provided by law, and ordering him discharged from custody under sentence for that charge. For the reasons stated in Duke v. State, supra, the judgment is reversed.