Legal Opinion

State v. Mellette

Supreme Court of South Carolina

Decided December 26, 1916No. 9568PublishedCited by 5 opinions

Before Wilson, J., Manning. R. B. Mellette, Sr., was convicted in a magistrate’s Court for obstructing a neighborhood road by the removal of a bridge connecting it with a public highway, and from a reversal of the judgment and the dismissal of the prosecution, the State appeals.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Hydrick.

The defendant was convicted in a magistrate’s Court for obstructing a neighborhood road by the removal of a bridge connecting it with a public highway. The Circuit Court reversed the judgment and dismissed the prosecution, on the ground that the magistrate’s Court was without jurisdiction of the offense charged. The State appealed.

1 The case is ruled by State v. Harden, 11 S. C. 360, in which it was held that the statute under which defendant was indicted (Crim. Code, sec. 635) is applicable only to the obstruction of public…

2Cases cited3 opinions

  1. State v. JenkinsSupreme Court of South Carolina · 1887
  2. State v. WolfeSupreme Court of South Carolina · 1901
  3. State v. MaddenSupreme Court of South Carolina · 1888

3Cited by5 opinions

  1. State v. GistSupreme Court of South Carolina · 1960
  2. Commonwealth v. KennedyDauphin County Court of Quarter Sessions · 1932
  3. State v. McAbeeSupreme Court of South Carolina · 1951
  4. State v. McAbeeSupreme Court of South Carolina · 1951
  5. Steverson v. Orangeburg CountySupreme Court of South Carolina · 1924

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