SANDEL v. STATE

MR. JUSTICE COTHRAN.

Appeal from a judgment in favor of the defendant, after the case had been remanded to the Circuit Court for a new trial, under the opinion reported in 126 S.C. 1; 119 S.E., 776. The exceptions raise only questions which have already been raised, considered, and decided by the Court en banc, and are res adjudicata.

The judgment of this Court is that the judgment of the Circuit Court be affirmed.

MESSRS. JUSTICES WATTS, FRASER and MARION concur.

MR. CHIEF JUSTICE GARY did not participate.