City of Spartanburg v. Parris
Supreme Court of South Carolina
Before Memminger, J., Spartanburg, January term, 1909. Indictment by City of Spartanburg against J. R. Parris. From circuit order affirming judgment of city council, defendant appeals. No citations. cites: The constitutional provisions as to mixing service between government departments does not apply to cities: 61 S. C., 103; 3 Brev., 533; 17 Md., 331; 2 Abb. Mun. Corp., sec. 570. City ordinance not unlawful: Crim.
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Before Memminger, J., Spartanburg, January term, 1909. Indictment by City of Spartanburg against J. R. Parris. From circuit order affirming judgment of city council, defendant appeals. No citations. cites: The constitutional provisions as to mixing service between government departments does not apply to cities: 61 S. C., 103; 3 Brev., 533; 17 Md., 331; 2 Abb. Mun. Corp., sec. 570. City ordinance not unlawful: Crim. Code, sec. 20; 14 S. C., 380; 40 S. C., 373; 68 S. C., 192; 58 S. C., 433; 29 S. C., 368; 10 S. C., 288; 132 U. S., 131.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
The appellant was convicted before the mayor of Spartanburg of selling whiskey in violation of the city ordinances and duly sentenced. On appeal to the Circuit Court the judgment was affirmed.
By his first exception the appellant submits that the mayor, having participated as a legislator in the making of the ordinances, was prohibited by the Constitution from acting in a judicial capacity in the trial of persons accused of violating them.
1 The Constitution provides: “In the government of this State the legislative, executive and…
2Cases cited3 opinions
- Santo v. StateSupreme Court of Iowa · 1855
- State v. RobisonSupreme Court of South Carolina · 1901
- State v. CouchSupreme Court of South Carolina · 1899
3Cited by6 opinions
- Walker v. City of SpokaneWashington Supreme Court · 1911
- Gaud v. WalkerSupreme Court of South Carolina · 1949
- State v. LangfordSupreme Court of South Carolina · 1953
- Johnson v. BroomeSupreme Court of South Carolina · 1935
- Town of Mayesville v. ClampSupreme Court of South Carolina · 1929
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