Legal Opinion

State v. Hartley

Supreme Court of South Carolina

Decided April 1, 1921No. 10596PublishedCited by 5 opinions

Before.Rice, J., Barnwell. May term, 1920. Bill Hartley indicted for manufacturing and having in his possession illicit liquor, and on conviction appeals.

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Before.Rice, J., Barnwell. May term, 1920. Bill Hartley indicted for manufacturing and having in his possession illicit liquor, and on conviction appeals. Upon adoption of the i8th amendment the enforcement of prohibition ivas turned over to the Federal Government with the right In the States to pass “appropriate legislation” to enforce the amendment; and in the absence of any “appropriate legislation” by this State, there is no law in this State by which the defendant can be tried. No citations. cites: Defend ant tried under Acts of 1917: 30 Stats. 69, 169. South Carolina has ratified i8th…

1Opinion of the Court

April 1, 1921. The opinion of the Court was delivered by The defendant was convicted on the charge of manufacturing and having possession of liquor unlawfully.

The question in the case is whether the statutes of this State, in regard to the manufacture, sale and transportation of intoxicating liquors for beverage purposes, were repealed by the Eighteenth Amendment of the United States Constitution. The titles of the two statutes under which the defendant was found guilty are as follows:

"An act to regulate the shipment and transportation, carrying, storing and having in possession of alcohol,…

2Cases cited4 opinions

  1. National Prohibition CasesSupreme Court of the United States · 1920
  2. Commonwealth v. NickersonMassachusetts Supreme Judicial Court · 1920
  3. Jones v. HicksSupreme Court of Georgia · 1920
  4. Ex parte RamseyDistrict Court, S.D. Florida · 1920

3Cited by5 opinions

  1. Palmer v. StateIndiana Supreme Court · 1921
  2. State v. McDuffieSupreme Court of South Carolina · 1922
  3. State v. MoseleySupreme Court of South Carolina · 1922
  4. State v. DixSupreme Court of South Carolina · 1921
  5. State v. MoseleySupreme Court of South Carolina · 1922

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