Legal Opinion

State v. Quinn

Supreme Court of South Carolina

Decided October 8, 1918No. 10093PublishedCited by 46 opinions

Before Smith, J., Greenville, Ball term, 1917. R. R. Quinn and others were convicted of unlawfully transporting liquor, and they appeal. The following are the exceptions: (1) That his Honor erred in refusing to direct a verdict of not guilty, when the undisputed testimony showed that the evidence upon which the defendants were arrested and convicted was obtained by an unlawful search of the persons and property of the defendants without due process of law.

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Before Smith, J., Greenville, Ball term, 1917. R. R. Quinn and others were convicted of unlawfully transporting liquor, and they appeal. The following are the exceptions: (1) That his Honor erred in refusing to direct a verdict of not guilty, when the undisputed testimony showed that the evidence upon which the defendants were arrested and convicted was obtained by an unlawful search of the persons and property of the defendants without due process of law. (2) Because his Honor erred in refusing to direct a verdict of not guilty, when the undisputed testimony showed that the defendants were…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gage.

Indictment for unlawfully- transporting liquor in Green-ville county; verdict of guilty; appeal by the defendants.

There are five exceptions, reduced to three questions in the appellants’ brief: (1) Verdict ought to have been directed for defendants; (2) the Court charged on the facts; (3) the act of 1914 (28 Stats. 754) is in violation of the State and Federal Constitutions. Let the exceptions be reported. The prime contention of the appellants is that liquor was discovered by an illegal search of the defendants, and that the case is…

2Cases cited4 opinions

  1. Boyd v. United StatesSupreme Court of the United States · 1886
  2. Town of Blacksburg v. BeamSupreme Court of South Carolina · 1916
  3. City Council v. PayneSupreme Court of South Carolina · 1820
  4. Bound v. South Carolina Ry. Co.U.S. Circuit Court for the District of South Carolina · 1893

3Cited by46 opinions

  1. People v. MarshallCalifornia Supreme Court · 1968
  2. State v. LaundyOregon Supreme Court · 1922
  3. Welchek v. StateCourt of Criminal Appeals of Texas · 1922
  4. State v. ReamsSupreme Court of North Carolina · 1970
  5. Elrod v. MossCourt of Appeals for the Fourth Circuit · 1921

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