Legal Opinion

State v. Bookter

Supreme Court of South Carolina

Decided October 30, 1912No. 8356Published

Before Wieson, J., Richland, Indictment against Edwin F. Bookter for obstructing a public road. Defendant appeals. cite: Evidence not objected to or not moved to strike out not erroneously admitted: 37 S. C. 145; 68 S. C. 421; 72 S. C. 216; 76 S. C. 284. Evidence must be shown to be prejudicial: 63 S. C. 539; 72 S. C. 350; 76 S. C. 275. Admission of evidence to same effect without objection relieves of error: 78 S. C. 143. •

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Hydrick.

Defendant appeals from sentence upon conviction of obstructing a neighborhood road. The testimony was conflicting as to whether the use of the road by the public was adverse or permissive.

1 During the examination of one of the State’s witnesses, the trial Judge asked him this question: “Was.it used as a public neighberhood road?” Without conceding that the question was improper or objectionable, it cannot avail appellant, because the same witness and others, both for the State and defense, answered questions of similar import…

2Cases cited2 opinions

  1. Young v. McNeillSupreme Court of South Carolina · 1907
  2. State v. HarmonSupreme Court of South Carolina · 1908

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