State v. Messervy
Supreme Court of South Carolina
Before Dantzbér, J., Colleton, Fall term, 1909. Indictment against J. W. Messervy for murder of C. P. Fishburne. Defendant appeals from sentence on circuit. cite: Evidence as to previous search by deceased incompetent: 81 Miss., 374; 79 Ala., 39. Provisions of law as to constables: Code, 1903, 1047; Crim. Code, 379; Act, 1907, 463; art. IV, sec. 17; Con., art. Ill, sec. 36; art. I, sec. 39; Crim.
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Before Dantzbér, J., Colleton, Fall term, 1909. Indictment against J. W. Messervy for murder of C. P. Fishburne. Defendant appeals from sentence on circuit. cite: Evidence as to previous search by deceased incompetent: 81 Miss., 374; 79 Ala., 39. Provisions of law as to constables: Code, 1903, 1047; Crim. Code, 379; Act, 1907, 463; art. IV, sec. 17; Con., art. Ill, sec. 36; art. I, sec. 39; Crim. Code, 591; Code, 1903, 1048, 583. Construction of the constable act: 36-Eney., 598; 56 S. C., 173; 33 S. C., 543. Commission itself does not confer ofñce: 1 McC., 235 ; 2 N. & McC., 356; 3 Strob.,…
1Opinion of the Court
The opinion.' of the Court was delivered by
Mr. Chief Justice Jones.
The defendant at Fall term, 1909, was indicted for the murder of C. P. Fishburne, at Ravenel Station, in Colleton county, on July 6, 1909. The jury rendered a verdict for manslaughter and defendant was sentenced to twenty years imprisonment in the State penitentiary.
At the time of the homicide the deceased, Fishburne, was acting as a constable with a commission dated March 22, 1907, issued by Governor Ansel, under the dispensary law known as the Cary-Cothran Act. The defendant had just received from the railroad station agent…
2Cases cited4 opinions
- State v. DierbergerSupreme Court of Missouri · 1888
- State v. PopeSupreme Court of South Carolina · 1908
- Jaro v. HolsteinSupreme Court of South Carolina · 1905
- State v. MoodySupreme Court of South Carolina · 1904
3Cited by3 opinions
- State v. MesserveySupreme Court of South Carolina · 1916
- State v. BryantSupreme Court of Minnesota · 1928
- Forehand v. StateSupreme Court of Florida · 1937