Legal Opinion

City of Greenville v. Latimer

Supreme Court of South Carolina

Decided April 20, 1908No. 6875PublishedCited by 4 opinions

Before Gage, J., Greenville, May, 1907. Indictment by city of Greenville, against Sherman Latimer, for larceny. Prom Circuit order reversing judgment of Mayor, city appeals. cites: McQuillan Mun. Corp., Sec. 328; Criminal Code, 164; 7 S. C., 224; 15 Rich,, 352; 55 S. C., 324. cites: Code 1902, 2003; Criminal Code, 68; 43 S. C., 105.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Jones.

The appellant was convicted of larceny 'before the mayor of Greenville, and, on appeal to the Circuit Court, Judge Gage set aside the sentence and remanded the case for a new trial on the ground- that the testimony was not taken down in writing and signed by the witness, and the defendant had not waived his right in this regard.

We find no error in this. Section 2003, Vol. 1, Code of Laws, 1902., provides that intendants and mayors “shall have all the power and authority of magistrates in criminal cases within the corporate limits and…

2Cases cited1 opinion

  1. State v. FreemanSupreme Court of South Carolina · 1895

3Cited by4 opinions

  1. Elletson v. Dixie Home StoresSupreme Court of South Carolina · 1957
  2. City of Abbeville v. GoosebySupreme Court of South Carolina · 1913
  3. City of Columbia v. FelderSupreme Court of South Carolina · 1979
  4. Lake City v. GillilandSupreme Court of South Carolina · 1915

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