State v. Butler

Oxner, Justice.

On July 24, 1954, in the town of Elloree, Orangeburg County, appellant shot one H. F. Avinger. He was arrested, tried and convicted in the Municipal Court for illegally firing a shotgun and sentenced to imprisonment for thirty days or to pay a fine of $100.00. He was thereafter indicted in the Court of General Sessions for assault and battery with intent to kill Avinger. On the trial of the case, he contended that under Section 17-502 of the 1952 Code his conviction in the Municipal Court of the town of Elloree constituted a bar to his prosecution in the Court of General…