State v. Sowell
Supreme Court of South Carolina
Before Keugh, J., Lancaster 1909. Indictment against John Sowell, William Gardner and Mac. Truesdale for housebreaking and larceny.
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Before Keugh, J., Lancaster 1909. Indictment against John Sowell, William Gardner and Mac. Truesdale for housebreaking and larceny. From sentence, defendants appeal. cites: As proof of corporate existence: 28 Ind., 322; 32 Col., 166; 49 Cal., 344. Fvidence of entries before and after one charged is competent here: 168 N. Y., 292; 181 Mo., 189; 35 S. C., 340. Rule as to evidence of an accomplice (1) at common lazv: 26 S. C., 198; 48 S. C., 136; 60 S. C., 527; 3 Strob., 508; 29 S. C., 113: (2) Under Constitution of 1868, art. IV, sec. 26:1 Ency., 399; 11 W. Va., 703; 21 W. Va., 757; 36 So.,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydricic
The indictment charged the defendants with breaking and entering the storehouse of the Kershaw Grocery Company, a corporation under the laws, of this State, in the day time, with intent to steal.
1 ' Parol testimony of the de facto existence of the corporation was properly admitted. The rule requiring the production of the best evidence to prove a fact in issue has some exceptions; one of them is that a matter which is merely collateral to the main issue may be proved by secondary evidence.
On trials for larceny, the ownership of the…
2Cases cited12 opinions
- Norris v. ClinkscalesSupreme Court of South Carolina · 1896
- Smith v. StateIndiana Supreme Court · 1867
- People v. OldhamCalifornia Supreme Court · 1896
- State v. . GrantSupreme Court of North Carolina · 1889
- State v. BouknightSupreme Court of South Carolina · 1899
7 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Newlan v. StateIdaho Supreme Court · 1975
- State v. HicksSupreme Court of South Carolina · 1971
- Woods v. StateMississippi Supreme Court · 1939
- State v. LynchSupreme Court of South Carolina · 2001
- State v. SWEATSupreme Court of South Carolina · 1952
18 more not listed; retrieve them via the Exa API.