Legal Opinion

State v. Wolfe

Supreme Court of South Carolina

Decided July 1, 1901PublishedCited by 4 opinions

Before Buchanan, J., Orangeburg, September, 1900. Indictment for obstructing public road against William W. Wolfe. From order remanding case to magistrate court because Court of General Sessions was without jurisdiction, State appeals. cites: Sec. 365, Crim.

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Before Buchanan, J., Orangeburg, September, 1900. Indictment for obstructing public road against William W. Wolfe. From order remanding case to magistrate court because Court of General Sessions was without jurisdiction, State appeals. cites: Sec. 365, Crim. Code, applies to highways and not public roads: 2 Strob., 16, 60; 11 S. C., 360; 2 Hill, 387; 1 McM., 47; 2oRich., 619; 7 Rich., 392. Indictment was not framed under sec. 363, and should have been treated as one at common law: 11 S. C., 360; 15 S. C., 387; 59 S. C., 225. Indictment will lie at common law for obstructing neighborhood road:…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

The appellant was indicted for wilfully, maliciously and unlawfully obstructing and closing the public road which connects two highways, by building, erecting and maintaining a house or structure over said public road which, it was alleged, has been used continuously and uninterruptedly by the public for more than twenty years last past. After introducing testimony for the defense, the defendant’s counsel moved to withdraw the case from the jury and send it to the magistrate’s court, because of lack of jurisdiction under the statute in…

2Cases cited1 opinion

  1. State v. SwitzerSupreme Court of South Carolina · 1900

3Cited by4 opinions

  1. State v. AmekerSupreme Court of South Carolina · 1906
  2. State v. BrownSupreme Court of South Carolina · 1942
  3. State v. MelletteSupreme Court of South Carolina · 1916
  4. State v. MorelliSupreme Court of South Carolina · 1917

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