Town of Denmark v. Corley
Supreme Court of South Carolina
Before SeasE, J., Bamberg, March, 1914. Prosecution by town of Denmark against M. D. Corley for storing intoxicating liquors. From an order of the Circuit Court granting a new trial, the town appeals.
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Before SeasE, J., Bamberg, March, 1914. Prosecution by town of Denmark against M. D. Corley for storing intoxicating liquors. From an order of the Circuit Court granting a new trial, the town appeals. The order appealed from was as follows: “This cause came on to be heard before me at the present term of Court, alleging error in the town of Denmark in trying the defendant for that the said officers of said town had not qualified or taken the constitutional oath as provided for in article 3, section 26 of the Constitution of 1895. Alleging error further in allowing the testimony as to a search…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chiee Justice Gary.
The defendant was tried by a jury before the town council of the town of Denmark for storing liquor unlawfully and appealed to the Circuit Court, which granted him a new trial, whereupon the town council appealed from the order of the Circuit Court, which will be reported.
Two of the grounds upon which the new trial was granted involve questions of law which are untenable, and, if nothing further appeared, this Court would render judgment absolute. There is, however, a third ground upon which the new trial was granted, to wit,…
2Cases cited1 opinion
- Daughty v. Northwestern RailroadSupreme Court of South Carolina · 1912
3Cited by3 opinions
- Sellars v. CollinsSupreme Court of South Carolina · 1948
- Robinson v. FullerSupreme Court of South Carolina · 1967
- King v. Western Union Telegraph Co.Supreme Court of South Carolina · 1932