State v. Cole
Supreme Court of South Carolina
CHARLESTON Spring Term, 1822. — Tried before Mr. Justice Nott. The defendants in this case wei'e indicted for a riot. — ■ The prosecutor, Captain William Cattell, swore that on the night of the 11th, or rather about 1 o’clock on the morning of the 12th of January, 1821, he was roused from his sleep by the report of a gun. Immediately-after he heard another; he next heard one of his servants running round the house, enquiring if he was awake.
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CHARLESTON Spring Term, 1822. — Tried before Mr. Justice Nott. The defendants in this case wei'e indicted for a riot. — ■ The prosecutor, Captain William Cattell, swore that on the night of the 11th, or rather about 1 o’clock on the morning of the 12th of January, 1821, he was roused from his sleep by the report of a gun. Immediately-after he heard another; he next heard one of his servants running round the house, enquiring if he was awake. He gpt up, and before he ■ could get his elothes on, his driver called him. He went out, and on his way to his negro houses, he met Capt. Cole, one of…
1Opinion of the Court
Mr. Justice No it
delivered the opinion of the court:
The following may be considered as the grounds taken for a new trial in this case, though not in the order, nor in the precise language of the brief :
1st. The facts and circumstances attending the transaction were not such as to constitute a riot.
2d. That as the defendants were acting as a patrol, it could not be a riot, even though similar conduct would be in persons acting without any authority.
3d. That the two young men belonged to the company of Capt. Cole, and acted under his authority, and therefore were not answerable for the part…
2Cases cited1 opinion
- Janion v. FoxHawaii Supreme Court · 1855
3Cited by1 opinion
- State v. BarksdaleCourt of Appeals of South Carolina · 1993