Legal Opinion

State v. Pope

Supreme Court of South Carolina

Decided February 11, 1908No. 6739PublishedCited by 9 opinions

Before DanTzler, J., Greenwood, Indictment against Jim Pope for selling and transporting liquors. From sentence of magistrate, he appealed to Circuit Court and from thence to this Court. cites: Continuing case after jury was summoned operates as acquittal: Con., Art. I. Sec. 18; 17 Enc., 1261; 2 N. & McC., 17. Magistrate has no power to continue a case: 2 E. D. Smith, 55; 19 S- C., 143; 61 S. C., 105; Code, 1902, 2003; 24 Cyc., 576; 4 Ency., P. & P., 896-7, Note 3. Carrying…

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Before DanTzler, J., Greenwood, Indictment against Jim Pope for selling and transporting liquors. From sentence of magistrate, he appealed to Circuit Court and from thence to this Court. cites: Continuing case after jury was summoned operates as acquittal: Con., Art. I. Sec. 18; 17 Enc., 1261; 2 N. & McC., 17. Magistrate has no power to continue a case: 2 E. D. Smith, 55; 19 S- C., 143; 61 S. C., 105; Code, 1902, 2003; 24 Cyc., 576; 4 Ency., P. & P., 896-7, Note 3. Carrying liquor about the person is not transporting: 47 S. C., 103; 2 Wheat., 119. The provision to Section 589, Criminal Code,…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

The defendant was convicted in the court of magistrate Austin of transporting contraband liquor within the State, under the following provision of the statute: “No person, except as provided in this chapter, shall bring into this State, or transport from place t0‘ place within this State by wagon, cart or other vehicle, or by any otlrir means or mode of carriage, any liquor or liquids containing alcohol, under a penalty of one hundred dollars or imprisonment for thirty days, for each offense, upon conviction thereof, as for a…

2Cases cited4 opinions

  1. State v. PickettSupreme Court of South Carolina · 1896
  2. Jaro v. HolsteinSupreme Court of South Carolina · 1905
  3. State v. AdamsSupreme Court of South Carolina · 1897
  4. Lyman-Eliel Drug Co. v. CookeNorth Dakota Supreme Court · 1903

3Cited by9 opinions

  1. Parker v. State Highway DepartmentSupreme Court of South Carolina · 1953
  2. Asher v. StateIndiana Supreme Court · 1924
  3. Washington v. DowlingSupreme Court of Florida · 1926
  4. Xepapas v. RichardsonSupreme Court of South Carolina · 1929
  5. State v. WilesMontana Supreme Court · 1935

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