Legal Opinion

State v. Philips

Supreme Court of South Carolina

Decided February 15, 1906PublishedCited by 6 opinions

Before D. E. Hydrich, special Judge, Berkeley, Fall term, 1905. Indictment against Hampton Philips and John Heyward. From sentence, Hampton Philips appeals on the following exceptions: “1. Because his Honor erred as matter of law, in not granting the defendant, appellant, a new trial, for that the undisputed evidence in the case produced by the State, showed that the property alleged to have been stolen, was not the property of the person in whom ownership was laid in the…

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Before D. E. Hydrich, special Judge, Berkeley, Fall term, 1905. Indictment against Hampton Philips and John Heyward. From sentence, Hampton Philips appeals on the following exceptions: “1. Because his Honor erred as matter of law, in not granting the defendant, appellant, a new trial, for that the undisputed evidence in the case produced by the State, showed that the property alleged to have been stolen, was not the property of the person in whom ownership was laid in the indictment, but on the contrary’ was the property of the estate of one Cornelia Bates. “2. Because his Honor erred in…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice; Gary.

The defendants were found guilty upon an indictment charging them with stealing a cow, the proper goods and chattels of W. J. Bates, agent for the estate of Cornelia Bates. They made a motion for a new trial on the minutes of the Court on two grounds, to wit: “First, that under the evidence in the case, the defendants should not have been convicted, for that the State had failed to make out its case beyond a reasonable doubt. Secondly, that under the undisputed evidence in the case, it appeared that the property alleged to have been…

2Cases cited2 opinions

  1. State v. JamesSupreme Court of South Carolina · 1891
  2. State v. BrownSupreme Court of South Carolina · 1891

3Cited by6 opinions

  1. Taylor v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1908
  2. State v. FullerSupreme Court of South Carolina · 1955
  3. State v. BLACKWELLSupreme Court of South Carolina · 1951
  4. Dukes v. StateSupreme Court of South Carolina · 1966
  5. State v. RodmanSupreme Court of South Carolina · 1910

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