Legal Opinion
State v. Byrd
Supreme Court of South Carolina
Decided June 17, 1976No. 20245PublishedCited by 5 opinions
1Opinion of the Court
Littlejohn, Justice.
Defendant was arrested after a search of his residence, pursuant to a search warrant. Several plastic bags containing a total of 4¡J]$ pounds of marijuana were found. He was tried and convicted of possession of marijuana with intent to distribute.
*90His appeal concerns the following:
1. The refusal of the trial judge to allow testimony on the constitutionality of § 32-1510.49, Code of Laws of South Carolina (1962) as amended (Supp. 1975), which gives rise to a rebuttable statutory presumption of intent to sell by reason of possession of more than 28 grams (one ounce) of…
2Cases cited4 opinions
- Leary v. United StatesSupreme Court of the United States · 1969
- Barnes v. United StatesSupreme Court of the United States · 1973
- Atchison, Topeka & Santa Fe Railway Co. v. Wichita Board of TradeSupreme Court of the United States · 1973
- State v. TaborySupreme Court of South Carolina · 1973
3Cited by5 opinions
- State v. CarriganCourt of Appeals of South Carolina · 1985
- Eagle Container Co. Ex Rel. Estate of Spotts v. County of NewberryCourt of Appeals of South Carolina · 2005
- American Petroleum Institute v. South Carolina Department of RevenueSupreme Court of South Carolina · 2009
- Y. C. Ballenger Electrical Contractors, Inc. v. Reach-All Sales, Inc.Supreme Court of South Carolina · 1981
- State v. ByrdSupreme Court of South Carolina · 1976