Legal Opinion

State v. Daniel

Supreme Court of South Carolina

Decided July 30, 1909No. 7268PublishedCited by 6 opinions

Before MemmingXr, J., Spartanburg, January, 1909. Indictment against R. E. Daniel and E. E. Oulla. From sentence, defendants appeal. cite: What constitutes the offense: 77 S. C., 391; Clarke’s Crim. E-, 381; 13' Ency., 834; 83 Am.

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Before MemmingXr, J., Spartanburg, January, 1909. Indictment against R. E. Daniel and E. E. Oulla. From sentence, defendants appeal. cite: What constitutes the offense: 77 S. C., 391; Clarke’s Crim. E-, 381; 13' Ency., 834; 83 Am. Dec., 731; 19 Cyc., 393; 10 L. R. A., 303'. Money was not paid at time of purchase of interest in the business: 58 N. E., 378; 83 N. E, 361; 58 S. E, 1008; 89 Pac., 395; 36 Kan., 133; 58 S- E, 304 ; 77 S. C„ 98, 389; 108 N. W., 351; 30 Wis., 317; 91 Am. Dec., 390; 3 Bish. Cr. L., 415; 11 Ohio, 669; 31 Ohio, 314; 8 N. E, 433; 14 Wend., 546; 38 Am. Dec., 530; 6 Eanc.…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

1 The defendants were convicted of obtaining money under false pretenses at the January, 1909, term of the Court of General Sessions for Spartanburg county. At the close of the evidence for the State, defendants’ counsel requested the Court to instruct the jury to acquit the defendants; and after conviction they made a motion for a new trial, on the ground that there was a total failure of evidence to sustain the charge made in the indictment. Justice to the Circuit Court requires us to say that the point on which we think the case…

2Cases cited5 opinions

  1. People v. HoffmannMichigan Supreme Court · 1905
  2. Hunt v. StateSupreme Court of Arkansas · 1904
  3. Schaumloeffel v. StateCourt of Appeals of Maryland · 1906
  4. People v. . LammertsNew York Court of Appeals · 1900
  5. State v. GibsonSupreme Court of Iowa · 1906

3Cited by6 opinions

  1. State v. JacksonSupreme Court of South Carolina · 1911
  2. State v. CodySupreme Court of South Carolina · 1936
  3. State v. BetheaSupreme Court of South Carolina · 1923
  4. State v. CriddleSupreme Court of South Carolina · 1923
  5. Lewis v. CommonwealthSupreme Court of Virginia · 1917

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