Citation Codes Equivalent Citations citation codes Docket Number 18405 Attorney(S) Arthur T. Cole, Jr., Esq., of Columbia, for Appellant, cites: As to error on part of trial Judge in dismissing Petition without a hearing: 25 Am. Jur. 238, Habeas Corpus, Sec. 129; 143 F.2d 443, 155 A.L.R. 143; 25 Am. Jur. 236, Habeas Corpus, Sec. 129, 1964-65 Cum. Supp. p. 53; 323 U.S. 485, 89 L.Ed. 407, 65 S.Ct. 370; 324 U.S. 786, 89 L.Ed. 1367, 65 S.Ct. 989. As to Appellant being denied effective assistance of Counsel: 303 F.2d 507; Virginia L. Rev., Vol. 45, 1558-59; 280 F.2d 592; 283 P.2d 567, Cert. den. 350 U.S. 839, 76 S.Ct. 78, 100 L.Ed. 749; N.Y. Intramural L. Rev., Vol. 20, 270, 310 F.2d 30, Cert. den., 372 U.S. 978, 10 L.Ed.2d 143, 83 S.Ct. 1110; 9 Ill.2d 522, 138 N.E.2d 556; 53 F.2d 586; 155 F. Supp. 494; 372 U.S. 335, 9 L.Ed.2d 799, 83 S.Ct. 792, 93 A.L.R.2d 733; Virginia L. Rev., Vol. 49, 1557-1558; 91 N.E.2d 358. As to the jury being unduly and improperly influenced by reading newspaper headlines: 240 S.C. 357, 126 S.E.2d 1; 5 Pa. 236 ; 163 S.E. 49; 16 C.J., Criminal Law, Sec. 2538; 46 L.R.A. (N.S.) 742, note; 360 U.S. 310, 3 L.Ed.2d 1250, 79 S.Ct. 1171; 281 F.2d 156, 366 U.S. 716, 6 L.Ed.2d 846, 81 S.Ct. 1662; 373 U.S. 723; 366 U.S. 717, 6 L.Ed.2d 751, 81 S.Ct. 1639. As to requirement that jury be unanimous in finding verdict: 204 F.2d 834; 137 S.C. 261, 101 S.E. 662; 135 S.W.2d 111; 163 S.C. 295; 95 So.2d 594; 118 A.2d 812; 194 P. 551. As to the conviction of the Appellant resting solely upon the uncorroborated, perjured testimony of dope addicts, criminals and co-defendants: 360 U.S. 264, 79 S.Ct. 1173, 3 L.Ed.2d 1217; 352 U.S. 1, 1 L.Ed.2d 1, 77 S.Ct. 1; 5 Ill.2d 251, 125 N.E.2d 615, 52 A.L.R.2d 834; 103 Wn. 267, 174 P. 9; 139 N.Y. 73, 34 N.E. 730; Underhill's Criminal Evidence, (5th Ed. — Herrick) Vol. 1, Sec. 243, p. 600; 294 U.S. 103, 79 L.Ed. 791. As to Appellant being entitled to effective assistance of Counsel at the time sentence is passed: Minn. L. Rev., Vol. 45, p. 806; 334 U.S. 736, 9 L.Ed. 1690; 182 F.2d 225. As to Appellant being an indigent in every sense of the word, and needed the services of court appointed counsel: 372 U.S. 353, 9 L.Ed.2d 811, 83 S.Ct. 814. As to Appellant being denied post conviction remedies in that he had inadequate counsel, and further because the prosecuting authorities have refused, neglected or failed to furnish Appellant with a Transcript of Record of the testimony of State's witness: 351 U.S. 12, 100 L.Ed. 891, 76 S.Ct. 585; 357 U.S. 214, 2 L.Ed.2d 1269, 78 S.Ct. 1061; 360 U.S. 252, 3 L.Ed.2d 1209; 79 S.Ct. 1164; 372 U.S. 1487, 9 L.Ed.2d 899, 83 S.Ct. 774; 372 U.S. 477, 9 L.Ed.2d 892, 83 S.Ct. 768; 365 U.S. 708, 6 L.Ed.2d 39, 81 S.Ct. 895; 375 U.S. 277, 11 L.Ed.2d 331, 84 S.Ct. 424; 33 U.S. Law Week 2198; 369 U.S. 438, 8 L.Ed.2d 21, 82 S. Ct. 917; 356 U.S. 674, 675, 2 L.Ed.2d 1060, 78 S.Ct. 974. Messrs. Daniel R. McLeod, Attorney General and Edward B. Latimer and Thomas G. Earle, Assistant Attorneys General, of Columbia, for Respondents, cite: As to Appellant not alleging sufficient facts in his petition to entitle him to a hearing in habeas corpus: 241 S.C. 221, 127 S.E.2d 721; 231 F. Supp. 37; 372 U.S. 391; 245 S.C. 98, 138 S.E.2d 840; 238 F. Supp. 546; 378 U.S. 487; 362 U.S. 199; 269 F.2d 482; 372 U.S. 353; 357 U.S. 214; 351 U.S. 12; 197 N.E.2d 433; 371 U.S. 942; 372 U.S. 293; 350 U.S. 3; 91 F.2d 223. Judges Per Curiam. See more information ... Smart Summary Please sign up to generate summary. J. R. JOHNSON, Appellant, v. The STATE of South Carolina, Ellis C.MacDougall, Director Board of Corrections, The State of South CarolinaPenitentiary, Respondents. October 4, 1965. Per Curiam. This is an appeal from an order of the circuit court denying, without a hearing, the appellant's petition for a writ of habeas corpus. We shall not here undertake to analyze the rather lengthy, and somewhat argumentative petition of appellant. None of its contents were traversed by any return, and the brief of respondents filed by the Attorney General's office concedes that appellant "undoubtedly has alleged at least one set of facts constituting a prima facie case", entitling appellant to a hearing on his petition. In fairness to the circuit judge, it should be said that the record does not reflect that such concession was made before him. In view of the concession made by the office of the Attorney General, the order of the lower court is reversed and the cause remanded for the purpose of affording the petitioner a hearing on his petition. Reversed and remanded.