Legal Opinion

State v. Queen

Supreme Court of South Carolina

Decided January 13, 1902PublishedCited by 3 opinions

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

  1. Carolina Grocery Co. v. BurnetSupreme Court of South Carolina · 1901
  2. Dean v. County of SpartanburgSupreme Court of South Carolina · 1900

3Cited by3 opinions

  1. State v. WellsSupreme Court of South Carolina · 1931
  2. State Ex Rel. Schroder v. BurnsSupreme Court of South Carolina · 1906
  3. State v. EdwardsSupreme Court of South Carolina · 1904

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