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267 S.C. 588

State v. McDonald

Supreme Court of South Carolina

Decided November 30, 1976

Supreme Court of South Carolina · decided 1976-11-30

Cited by 1 later decisions — most recently November 1982

1 state decisions

Relies on Alderman v. United States · National Association for Advancement of Colored People v. State of Alabama Patterson · DiTommaso v. United States

Good law ✅— No negative treatment on recordhow we know

Decided 1976-11-30

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Per Curiam:

¶1Appellant was convicted of murder, assault and battery with intent to kill and armed robbery. On this appeal he asserts that certain witnesses should not have been allowed to testify at trial, because their identities were obtained as a result of the violation of a codefendant’s constitutional rights.

¶2It is the settled rule that, outside certain well defined exceptions, one may not assert a violation of another’s constitutional rights. N. A. A. C. P. v. Alabama ex rel. Patterson, 357 U. S. 449, 78 S. Ct. 1163, 2 L. Ed. (2d) 1488; Alderman v. U. S., 394 U. S. 165, 89 S. Ct. 961, 22 L. Ed. (2d) 176, reh. den. 394 U. S. 939, 89 S. Ct. 1177, 22 L. Ed. (2d) 475. The appellant does not base his argument on a violation of his own constitutional rights, but on a violation of another’s rights. We think it is clear that such a vicarious assertion of constitutional rights is wholly without merit.

¶3We affirm without oral argument.

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