Legal Opinion · Dissent

State v. May

Supreme Court of South Carolina

Decided April 28, 1890Published

Before Witherspoon, J., York, April, 1888. This was an indictment against John May, jr., for selling liquor without a license in April, 1887. During the cross-examination of John Robinson, he testified as follows: ‘‘Have been sworn on this same series of cases before. Said on former occasion that I was offered $50 — that I was told that Mr. May would be fined $50, and that I would get one-half.

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Before Witherspoon, J., York, April, 1888. This was an indictment against John May, jr., for selling liquor without a license in April, 1887. During the cross-examination of John Robinson, he testified as follows: ‘‘Have been sworn on this same series of cases before. Said on former occasion that I was offered $50 — that I was told that Mr. May would be fined $50, and that I would get one-half. I said that — that it was advertised in the newspapers that reporters would get one-half the fines, $25. Q. Were you sworn in this case against John May once before in this court house ? A. Yes, sir.…

1DissentJustice McIver

I concur in the conclusions reached by the Chief Justice, except upon the second ground of appeal, and from that I dissent. It seems to me that the only question is, whether the Circuit Judge erred in instructing the jury, that if a druggist or apothecary sells spirituous liquor more. than one time on the same prescription, he violates the law, and upon satisfactory proof to that effect he should be convicted. It does not seem to me that there was'any error in such instruction. On the contrary, the statute expressly declares: “That no druggist or apothecary shall sell more than one time upon…

2Cases cited1 opinion

  1. Murphy v. StateIndiana Supreme Court · 1849

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