Linton v. Gaillard, Magistrate

Circuit Judge J. Henry Johnson, Acting Associate Justice,

delivered the unanimous opinion of the Court:

Upon the affidavit of appellant, Hon. S. P. Gaillard, a Magistrate of Sumter County, respondent, issued his warrant against Thomas McMillian, et al., charging them with the larceny of Linton’s “sow hog * * * valued at $20.00,” and set the cause for trial on January 12th.

The chief prosecuting witness, Linton, unrepresented at that time by counsel, appeared and participated in the trial without objection, and testified as a witness. Upon conclusion of a formal trial before a jury, a verdict of…