State v. Blackstone
Supreme Court of South Carolina
A. S. Blackstone was convicted of violating the prohibition law, and appeals. submits: It was error to refuse the motion to quash the indictment on the ground of misnomer: Constitution 1895, árt.
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A. S. Blackstone was convicted of violating the prohibition law, and appeals. submits: It was error to refuse the motion to quash the indictment on the ground of misnomer: Constitution 1895, árt. I, sec. 17. The defect in the indictment was fatal and beyond the reach of amendment: Constitution of 1895, art. I, sec. 17; 20 S. E. 800; 85 S. C. 284. It was error to charge the jury that “The people of this State, by our legislature, who represent us, have declared that• the manufacture and production and sale of alcoholic liquors is against the morals and safety of the State, and they have passed…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Fraser.
The case states the facts :
“The aboye case was called for trial and tried at the June, 1917, term of the Court of General Sessions for Hampton county before a jury, under indictment charging violation of the prohibition law. On the call of the case for trial, defendant’s attorney moved to quash the indictment on the ground of misnomer, the indictment charging as defendant in the several counts, J. F. Blalock, alias Blackstone, the said A. S. Blackstone submitting affidavit that he was not commonly known or called by that name. After…
2Cited by3 opinions
- State v. O'NealSupreme Court of South Carolina · 1947
- State v. BallengerSupreme Court of South Carolina · 1943
- State v. ElSupreme Court of South Carolina · 1985