Judge John G. Dinkins yesterday sentenced Jesse J Nicholson Two Notch Road to ten years in the penitentiary after conviction in Richland County General Sessions Court of sodomy and lewd and lascivious conduct.
The judge refused a motion by Defense Attorney Kale Alexander for a judgment notwithstanding the verdict, but did throw out the sodomy count. He said the greater offense of lewd and lascivious conduct included the lesser offense.
Nicholson was convicted of forcing a six-year-old girl to perform an unnatural sex act on him. He had previously served time for housebreaking and larceny.
A Blaney Negro, Richard Dean, was acquitted on all charges of criminal assault and carnal knowledge after Solicitor T Pou Taylor agreed to a verdict of innocent. Judge Dinkins granted a motion for a directed verdict on a motion by Defense Attorney G. Raymond McElveen.
Dean was charged with assaulting a 12-year-old Negro girl, resulting in her pregnancy. The year-old baby was in the court room, held by the girl’s mother.
The only evidence as to the girl’s age was the testimony of her mother. She looked older than the age claimed. The defense put up Magistrate Boney of Blythewood who testified that Dean was brought before him twice, once on a charge of criminal assault and once for carnal knowledge.
He said she told him the first time that they were on their way to Columbia and the act occurred in the woods. The second time she said it happened in the car on the way back from Columbia, he said. Both times, the magistrate said, there was discrepancies in her stories and he dismissed the charges for lack of probable cause.
After both sides completed their evidence, the solicitor said he would agree to a verdict of innocent and the judge directed the jury foreman to enter that verdict on the indictment.
Judge Dinkins, Manning attorney appointed as special judge to hold the one-week court term, then adjourned and bade the court staff goodbye.
The regular term of General Sessions Court will open Monday with Judge J. Henry Johnson of Allendale presiding.

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