Legal Opinion

State v. American Agricultural Chemical Co.

Supreme Court of South Carolina

Decided February 27, 1922No. 10832PublishedCited by 12 opinions

Before Memminger, J., Lexington, September, 1920. American Agricultural Chemical Co., indicted for causing a substance poisonous to fish to flow into a stream, and upon conviction appeals. cite: Indictment under Sec. 722 Crim. Code 1912. Derived from Act of 1726 (3 Stat. 270) Act of 1871 (14 Stat. 661); Rev. Stat. 1873, p. 400; Gen. Stats. 1881-2 p. 492. Sec. 1671; Crim.' Code 1902, S53. 519: Intentional discharge only prohibited: 34 L. R. A. (N. S.) 286; 16 Am.

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1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Cothran.

1 Indictment for violation of Section 772 of the Criminal Code, making it a misdemeanor to “cause to flow into or be cast” into any of the inland streams of this State any substance poisonous to fish or destructive of their spawn. The defendant was convicted and sentenced to pay a fine of $500, and from judgment and sentence has appealed.

The testimony tended to establish the following facts:

The defendant is a corporation owning and 'Operating a plant for the manufacture of fertilizers near the town of Cayce. The plant is located…

2Cases cited4 opinions

Green v. Southern Ry.Supreme Court of South Carolina · 1905
State v. AssmannSupreme Court of South Carolina · 1896
State v. WestmorelandSupreme Court of South Carolina · 1907
State v. ReederSupreme Court of South Carolina · 1892

3Cited by12 opinions

State v. JenkinsSupreme Court of South Carolina · 1982
Theodore Griffin v. George N. Martin, Iii, Warden Attorney General of the State of S. C.Court of Appeals for the Fourth Circuit · 1986
State v. FergusonSupreme Court of South Carolina · 1990
Magnolia Pipe Line Co. v. StateCourt of Criminal Appeals of Oklahoma · 1952
State v. MooreSupreme Court of South Carolina · 1924

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