Legal Opinion

Lake City v. Gilliland

Supreme Court of South Carolina

Decided May 12, 1915No. 9103PublishedCited by 1 opinion

Before Hon. C. J. Ramage, special Judge, Florence, -, 1914. Prosecution by the town of Lake City against S. L. Gilli-land for violation of a municipal ordinance. The defendant being convicted in the municipal Court appealed to the Circuit Court, which granted a new trial.

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Before Hon. C. J. Ramage, special Judge, Florence, -, 1914. Prosecution by the town of Lake City against S. L. Gilli-land for violation of a municipal ordinance. The defendant being convicted in the municipal Court appealed to the Circuit Court, which granted a new trial. From the order granting a new trial, the town appeals. submits: As to waiver of irregularity: 80 S. C. 497; 69 S. C. 454; 93 S. C. 370. Presumption that the procedure complied with statutory requirements: 66 S. C. 194; Crim. Code, sec. 54. Is based on: 23 Stats. 1048. Does not apply to Lake City, a town of less than 2,000…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Hydrick.

Respondent was tried before the mayor of Lake City and a jury for selling liquor in violation of an ordinance of the town. There were three trials. The first two resulted in mistrials. On the third, the jury found respondent, guilty. From sentence he appealed to the Circuit Court, which overruled all his grounds of appeal, except two, upon which a new trial was orderd.. From that order the town appealed to this Court.

The Circuit Court erred in sustaining the exception that the bottle of whiskey introduced in evidence was not…

2Cases cited3 opinions

  1. City of Abbeville v. GoosebySupreme Court of South Carolina · 1913
  2. City of Greenville v. LatimerSupreme Court of South Carolina · 1908
  3. City of Sumter v. HoganSupreme Court of South Carolina · 1914

3Cited by1 opinion

  1. State v. WallerSupreme Court of South Carolina · 1917

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