State v. Barden
Supreme Court of South Carolina
Before Buchanan, J., Edgefield, March term, 1902. Indictment against Jas. E. Barden for selling cotton due Josephine Horne for rent under rent contract and raised on her lands. Erom order overruling demurrer to indictment, and refusal of trial Judge to permit defendant to plead to indictment and to be tried by jury, and passing sentence on him, he appeals. cite: As to the constitutionality of sec. 277, Crim.
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Before Buchanan, J., Edgefield, March term, 1902. Indictment against Jas. E. Barden for selling cotton due Josephine Horne for rent under rent contract and raised on her lands. Erom order overruling demurrer to indictment, and refusal of trial Judge to permit defendant to plead to indictment and to be tried by jury, and passing sentence on him, he appeals. cite: As to the constitutionality of sec. 277, Crim. Code: Con., art. I., sec. 24; 36 S. C., 502; 27 S. C., 264; 34 E. R. A., 634. As to refusal of Judge to allow defendant to plead over: Art. I., secs. 18, 25; art. V., sec. 22. cites: As…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This appeal raises two questions: 1st. Whether the-statute relative to the sale of property under lien is constitutional; and 2d. Whether a party indicted for a misdemeanor has the right to demand a trial by jury after interposing a demurrer to the indictment which is overruled by the Court. The record contains the following statement of facts: “An indictment was found against the defendant, appellant, by the grand jury for Edgefield County, at March term of the Court of Sessions, 1902, for disposing of property under lien. The case…
2Cases cited1 opinion
- Foster v. CommonwealthSupreme Court of Pennsylvania · 1844
3Cited by10 opinions
- State v. HertzogSupreme Court of South Carolina · 1912
- State v. MooreSupreme Court of South Carolina · 1924
- State v. CampbellSupreme Court of South Carolina · 1930
- State v. TurnerSupreme Court of South Carolina · 1922
- Ex Parte HollmanSupreme Court of South Carolina · 1908
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