Legal Opinion

State v. James

Supreme Court of South Carolina

Decided August 31, 1908No. 6997PublishedCited by 10 opinions

Before Prince, J., Clarendon, January, 1908. Two indictments against James for violating Sunday laws. From order affirming judgment of Magistrate S. M. Yournans, defendant appeals. cites: Several acts constitute one violation only: 57 Am. R., 464; 2 Bish. Cr. Proc., sec. 814. Delivery of meat and ice in hot months is a necessity: 50’ Ga., 242; 6 Mass., 76; 44 U. S., 714; 2 McC., 448; 21 Ency., 450'; 24 Pa., 398; 4 Pa., 375; Carver v. State, 35 Am. R.; 33 Am.

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Before Prince, J., Clarendon, January, 1908. Two indictments against James for violating Sunday laws. From order affirming judgment of Magistrate S. M. Yournans, defendant appeals. cites: Several acts constitute one violation only: 57 Am. R., 464; 2 Bish. Cr. Proc., sec. 814. Delivery of meat and ice in hot months is a necessity: 50’ Ga., 242; 6 Mass., 76; 44 U. S., 714; 2 McC., 448; 21 Ency., 450'; 24 Pa., 398; 4 Pa., 375; Carver v. State, 35 Am. R.; 33 Am. R., 110; 41 S. C., 553; 42 111., 594; 30 N. E., 221; 58 Kan., 328; 27 Ency., 400. As to the construction of the statute: 5 Words 'and…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

The defendant, William James, was convicted before a magistrate of the offense of violating the Sunday law, contained in Criminal Code, section 500. The Circuit Court, on appeal, affirmed the judgment of the magistrate.

The defendant is a butcher and ice dealer in the town of Manning. He was arrested on three warrants, charging three separate offenses of selling ice and meat, and delivering ice and meat, to three different persons, and carrying on his ordinary business, by such sales and deliveries on Sunday, 4th August, 1907.

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2Cases cited5 opinions

  1. In Re SnowSupreme Court of the United States · 1887
  2. Arnheiter v. StateSupreme Court of Georgia · 1902
  3. State v. McBeeWest Virginia Supreme Court · 1902
  4. City of Topeka v. HempsteadSupreme Court of Kansas · 1897
  5. State v. KnightWest Virginia Supreme Court · 1887

3Cited by10 opinions

  1. McGowan v. MarylandSupreme Court of the United States · 1961
  2. State v. SolomonSupreme Court of South Carolina · 1965
  3. Pirkey Bros. v. CommonwealthSupreme Court of Virginia · 1922
  4. State v. SmithCourt of Criminal Appeals of Oklahoma · 1921
  5. Williams v. StateSupreme Court of Georgia · 1928

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