State v. Allen
Supreme Court of South Carolina
Before SeasE, J., Barnwell, Fall term, 1917. Paul H. Allen was convicted of obstructing a public highway, and he appeals. cites: As to not requiring the solicitor to state whether the indictment was brought under the common law or under the statutes: 14 Rich.
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Before SeasE, J., Barnwell, Fall term, 1917. Paul H. Allen was convicted of obstructing a public highway, and he appeals. cites: As to not requiring the solicitor to state whether the indictment was brought under the common law or under the statutes: 14 Rich. L. 174; 48 S. C. L. 174; 2 Brev. 300; 4 S. C. L. 300; 1 N. & McC. 512; 12 S. C L. 512. As to the county supervisor and county board of commissioners having proven to abandon a public road: Civil Code 1912, section 1932. As to the absence of the necessity for the road being a complete defense: 2 Bay. 282; 2 S. C. L. 282; 1 McMul. 44; 26…
1Opinion of the Court
The opinion 'of the Court was delivered by
Mr. Justice Fraser.
This is an indictment for obstructing a public highway, to wit, a neighborhood road, and has been to this Court before. See 107 S. C. 132, 92 S. E. 193. The defendant was again convicted, and this appeal is from the second conviction.
1 1. During the trial of the cause the defendant called upon the solicitor to state whether the indictment was founded on the common law or-on the statute. To which the solicitor replied, “I am standing on the indictment.” In argument in this Court the solicitor stated that he relied upon the common…
2Cases cited1 opinion
- State v. AllenSupreme Court of South Carolina · 1917
3Cited by2 opinions
- People v. HendersonCalifornia Court of Appeal · 1948
- State v. DodenhoffSupreme Court of South Carolina · 1929