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State v. Dobson
Citations: 309 S.E.2d 752; 279 S.C. 551; 1983 S.C. App. LEXIS 74Docket: 22009
Court: Supreme Court of South Carolina; November 29, 1983; South Carolina; State Supreme Court
Tommy Dobson was convicted of attempted burglary following a trial where his plea of autrefois acquit was denied by the judge. Initially indicted for attempted housebreaking, the trial judge directed a verdict of acquittal based on evidence indicating a breaking occurred at night. Dobson was subsequently reindicted for attempted burglary related to the same act. He received a six-year sentence, suspended after nine months with three years of probation. Dobson argued that this second indictment violated the double jeopardy protections under the Fifth Amendment and Article I, Section 12 of the South Carolina Constitution. The Supreme Court of South Carolina agreed, referencing the precedent established in State v. Suttles, which recognized housebreaking as a lesser included offense of burglary. The Court noted that a defendant cannot be prosecuted for both a greater and lesser offense stemming from the same act after an acquittal. Consequently, the Court vacated Dobson's conviction and sentence, concluding that the double jeopardy clause barred the successive prosecution. The opinion was joined by Chief Justice Lewis and Justices Littlejohn, Ness, and Harwell.