16 S.C.L. 183
Supreme Court of South Carolina
Decided January 15, 1824
Supreme Court of South Carolina · decided 1824-01-15
Antonio Larumbo, together with one Cassada, was in May term last, for Charleston district, tried on a charge of grand, larceny. Cassada was found guilty of petit larceny and La-rumbo of grand larceny. The defendant, Larumbo, appealed-for a new trial, on the ground, that the verdict was inconsistent, in as much as the defendants being indicted together fors grand larceny, and, the same evidence against both, both were, •alike guilty.
Decided 1824-01-15
¶1The opinion of the Court was delivered< by
¶2There is certainly an. apparent inconsistency in-the discrimination which the .jury have made as to. the guilt of .these, Seyeral,defendants, ..who .were implicated in.the.same indictment,?. *184the offence charged against each was the same, and the evidence-equally affected both. The. court, therefore, in the exercise of that discretion with which they are invested, are of opinion, that a new trial should be granted.