Legal Opinion

State v. Johnson

Supreme Court of South Carolina

Decided January 17, 1907PublishedCited by 6 opinions

Before Townsend, J., Charleston, November, 1904. Indictment by city council of Charleston against J. W. Johnson. From judgment of Sessions Court reversing judgment of police court, State appeals.

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Before Townsend, J., Charleston, November, 1904. Indictment by city council of Charleston against J. W. Johnson. From judgment of Sessions Court reversing judgment of police court, State appeals. The latter cites: Ordinance is within police power: 22 Ency., 916, 918. It does not abridge right to bear arms: 92 U. S., 542; 116 U. S., 265; 123 U. S., 131; 16 S. C., 191; 55 S. C., 594; 61 S. C., 99; 18 A. M. R., 338; 136 U. S., 2, 49, 67; 14 E. R. A., 604. Part of an act may be adjudged unconstitutional and remainder stand: 30 S. C., 368; 59 S. C., 110; 95 U. S., 80; 103 U. S., 717. Pine is…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice Pope.

The defendant was convicted before the police court in the city of Charleston for violating the 694th section of the city ordinances of Charleston, S. C., for firing a gun in said city, and was duly sentenced to pay a fine of $10. From this sentence the defendant appealed to the Court of General Sessions of Charleston County on the following two grounds: First, that section 694 of the city ordinances is unconstitutional, null and void, in that it interferes with the constitutional right of the citizen to bear arms, and also…

2Cases cited3 opinions

  1. Packet Co. v. KeokukSupreme Court of the United States · 1877
  2. State v. YoungSupreme Court of South Carolina · 1889
  3. State v. LongSupreme Court of South Carolina · 1903

3Cited by6 opinions

  1. Windham v. PaceSupreme Court of South Carolina · 1939
  2. State v. HollidaySupreme Court of South Carolina · 1970
  3. Xepapas v. RichardsonSupreme Court of South Carolina · 1929
  4. City of Greenville v. PridmoreSupreme Court of South Carolina · 1910
  5. State v. BolinSupreme Court of South Carolina · 2008

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