State v. Turner
Supreme Court of South Carolina
Before MemmingER, J., Anderson, February, 1920. Ralph Turner indicted for violation of the prohibition law and upon conviction' appeals". cite: Person has right to have in possession for personal use one quart: 30 Stat. 69, Sec. 2. Until passage of that Act it was not an offense- to transport whiskey for personal use: 96 S. C., 5. All material facts must be stated in the indictment: Joyce indictments, Sec. 246; 10 Ene. P. of P., 473; 32 S. C., 123; 22 Cyc., 343; Crim.
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Before MemmingER, J., Anderson, February, 1920. Ralph Turner indicted for violation of the prohibition law and upon conviction' appeals". cite: Person has right to have in possession for personal use one quart: 30 Stat. 69, Sec. 2. Until passage of that Act it was not an offense- to transport whiskey for personal use: 96 S. C., 5. All material facts must be stated in the indictment: Joyce indictments, Sec. 246; 10 Ene. P. of P., 473; 32 S. C., 123; 22 Cyc., 343; Crim. Code 1912, Sec. 83; 14 R. C. E., 174. Indictment applicable to two offenses without specifying which is bad: 58 N. H., 348; 1…
1Opinion
On Petition eor Rehearing
Mr. Chief Justice Gary:
This is a petition for a rehearing.
The defendant was indicted for a violation of the prohibition law, in that he willfully and unlawfully did transport *385and convey from one point to another within this State and county alcoholic liquors, to wit, whiskey, against the form of the statute in such cases made and provided. Upon the call of this case for trial, the appellant, by his attorneys, demurred to the indictment, and moved to quash the same upon the following grounds:
“(1) Because the indictment failed to state facts sufficient to constitute an…
2Cases cited2 opinions
- State v. BardenSupreme Court of South Carolina · 1902
- State v. YoeSupreme Court of South Carolina · 1907