Legal Opinion

State v. McGee

Supreme Court of South Carolina

Decided June 3, 1899PublishedCited by 7 opinions

Before Benet, J,, Greenwood, March term, 1898. Indictment against Randolph McGee. From verdict and sentence defendant appeals.

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Before Benet, J,, Greenwood, March term, 1898. Indictment against Randolph McGee. From verdict and sentence defendant appeals. Mr. Ellis G. Graydon cites: Discretion of continuance may be abused: 50 S. C., 403. Ordering whiskey for personal use is not a crime: 170 U. S., 438. cites: As to what' exceptions can be considered on appeal by this Court: 39 S. C., 13; 22 S. C., 309; 1 S. C., 29; 2 S. C., 238; 35 S. C., 609; 4 S. C., 544; 18 S. C., 545. Constitutional point not raised on Circuit cannot be decided on appeal by this Court: 21 S. C., 432; 26 S. C., 351. As to what is necessary for party…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. J ustice Gary.

The indictment under which the appellant was tried contained three counts — the first charging that he sold liquor, the second that he maintained a nuisance by keeping a place where persons habitually congregated for the purpose of drinking contraband liquor, and the third that he had in his possession contraband liquor.

1 The exceptions raise several questions; the first of which we will consider is, whether there was error on the part of his Honor, the presiding Judge, in charging the jury before any evidence was offered. No specific…

2Cases cited1 opinion

  1. Vance v. W. A. Vandercook Co.Supreme Court of the United States · 1898

3Cited by7 opinions

  1. State v. SteadmanSupreme Court of South Carolina · 1950
  2. Usary v. StateTennessee Supreme Court · 1937
  3. State v. GillisSupreme Court of South Carolina · 1906
  4. In re SomersNevada Supreme Court · 1909
  5. State v. SquiresSupreme Court of South Carolina · 1966

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