State v. Powell
Supreme Court of South Carolina
Before DeVorE, J., Clarendon, Spring term, 1911. Indictment against S. D. Powell before Magistrate D. J. Bradhtam. Defendant appeals from Circuit order affirming magistrate judgment. cites: To convict for failure to perform road duty, what must he shown? Crim. Code 460; Code 1902, 1364, 1352, 1-35-3, 135-5, 1363, 1368. Prosecution must show nonexistence of negative: 20 Am. D-ig. Cen-. Ed. 114, 35, 78, 80; 1 Green.
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Before DeVorE, J., Clarendon, Spring term, 1911. Indictment against S. D. Powell before Magistrate D. J. Bradhtam. Defendant appeals from Circuit order affirming magistrate judgment. cites: To convict for failure to perform road duty, what must he shown? Crim. Code 460; Code 1902, 1364, 1352, 1-35-3, 135-5, 1363, 1368. Prosecution must show nonexistence of negative: 20 Am. D-ig. Cen-. Ed. 114, 35, 78, 80; 1 Green. Ev. 45, 104, 106. cites: Exceptions relate to questions of fact and are not reviewable here: 38 S. C. 258; 36 S, C. 504; 73 S. C. 71; 71 S. C. 404.
1Opinion of the Court
The opinion of the Court was- delivered 'by
Mr. Justice Watts.
This case was heard before magistrate Brad'ham on a warrant charging the defendant with failure to perform-, road duty, under1 sec. 46-0- o-f Criminal Code. The defendant was found guilty and sentenced. An appeal was1 taken to- -the Court o-f General- Sessions- and was heard by his Honor, Judge DeV-ore. The- judgment o-f magistrate’s court was- affirmed.
From- this order an appeal was taken to this- Court. Al-l of the exceptions relate to the testimony, and ar-e to the effect that- 'the- State failed to make o-ut its case, and that…
2Cases cited2 opinions
- Seegers Bros. v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1905
- Lewis v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1907
3Cited by3 opinions
- Brown v. HughesSupreme Court of South Carolina · 1913
- City of Greenville v. GreenSupreme Court of South Carolina · 1913
- Owens v. Charleston & Western Carolina Ry. Co.Supreme Court of South Carolina · 1913