Opinion
19133
December 3, 1970.
Messrs. John W. Williams, Jr., and John W. McIntosh of Columbia, for Appellant, cite: As to the Trial Judge improperly failing to make an independent determination of the oral statement given by the Appellant, said error being that some tribunal other than the trial jury must make an initial determination of the voluntariness of a confession: 378 U.S. 368; 248 S.C. 506, 151 S.E.2d 752. As to the lower Court improperly admitting into evidence an oral statement given to the police by the Appellant, said error being that the statement was obtained through deception and false promises and therefore involuntary: 386 U.S. 707; 377 U.S. 201; 365 U.S. 534. As to error for the lower Court to submit to the jury the charge of robbery, said error being that the evidence was not sufficient to warrant submission of this charge: 77 C.J.S., Robbery, Sec. 1; 77 C.J.S. Sec. 10; 77 C.J.S., Robbery Sec. 11; 77 C.J.S., Robbery, Sec. 13. As to trial Judge improperly sentencing the Appellant, when Appellant was without effective assistance of counsel at the time of sentencing: 389 U.S. 128.
John W. Foard, Jr., Esq.; Solicitor, of Columbia, for Respondent.
December 3, 1970.
The appellant Young was indicted for grand larceny and robbery. The jury convicted him of robbery and the appeal is from such conviction and his resulting sentence of five years. He was represented at the trial by retained counsel of many years experience. Counsel on appeal was appointed for such purpose.
The record does not reflect that any of the questions argued on appeal were raised or passed upon in the course of the trial below. It is elementary that questions not raised in the trial may not be raised for the first time on appeal. See West's South Carolina Digest, Appeal and Error, Key No. 167. There being no questions properly before us for consideration, the appeal is dismissed.