State v. Queen
Supreme Court of South Carolina
Before Gage, J., Cherokee, June, 1901. Indictment against H. J. Queen, D. F. Ray, R. W. Ray, J. B. Teal and Weldon Henderson.
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Before Gage, J., Cherokee, June, 1901. Indictment against H. J. Queen, D. F. Ray, R. W. Ray, J. B. Teal and Weldon Henderson. From judgment against all defendants, H. J. Queen and R. W. Ray appeal. cites: The jury law now of force is unconstitutional: 23 Stat., 3x5, 320, 279; Con. 1895, art. III., sec. 34, art. I., sec. 29; 60 S. C., 504; 59 S. C., no; 3 Ency., 695-6. cites: On same point, contra: 38 S. C., 271; Black on Int. of Laws., p. 19, Con. 1895, art. III., sec. 34; 61 S. C., 212; 59 S. C., 114. cities : On same point contra: 59 S. C., 110; 61 S. C., 205; 10 Whitt, 30; 21 Am. St. R.,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
The appellants were tried and convicted of riot and assault andbattery with intent to kill, at the June (1901) term of the Court for Cherokee County. “Before the jury was selected, the attorney for the appellants made a motion to quash the array of jurors on two grounds: (i) because there was no jury law warranting the drawing of a jury for Cherokee County, and (2) because the jury law, if any, was repugnant to that provision of the Constitution which prohibits special legislation.” His Honor, the Circuit Judge, overruled the motion,…
2Cases cited2 opinions
- Carolina Grocery Co. v. BurnetSupreme Court of South Carolina · 1901
- Dean v. County of SpartanburgSupreme Court of South Carolina · 1900
3Cited by3 opinions
- State v. WellsSupreme Court of South Carolina · 1931
- State Ex Rel. Schroder v. BurnsSupreme Court of South Carolina · 1906
- State v. EdwardsSupreme Court of South Carolina · 1904