State v. Kendall
Supreme Court of South Carolina
Before Watts, J., Hampton, January, 1898. Indictment against C. G. Kendall for obstructing highway. From judgment on verdict of guilty, defendant appeals. Appellant’s tenth exception is, “That his Honor erred in not holding that the State should prove that the alleged highway was ‘duly established,’ it being so charged in the indictment, and that presumption will not sustain a criminal charge.”
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Before Watts, J., Hampton, January, 1898. Indictment against C. G. Kendall for obstructing highway. From judgment on verdict of guilty, defendant appeals. Appellant’s tenth exception is, “That his Honor erred in not holding that the State should prove that the alleged highway was ‘duly established,’ it being so charged in the indictment, and that presumption will not sustain a criminal charge.” Rev. Stat., 1171, 1172, 176-7-8, require county commissioners to do certain things before opening highway, and the steps must be shown. Error to admit proof of traveling and working highway to show…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
The defendant was convicted for obstructing a public highway, whereupon he appealed upon exceptions, the first four of which allege that the presiding Judge erred in permitting witnesses to testify, of their own knowledge, that the public highway, described in the indictment, had been laid out and opened to the use of the public by the county commissioners, against the objection of the appellant, that the original proceedings before the county commissioners, relative to the laying out and opening of the highway, having been lost,…
2Cited by7 opinions
- State v. HolleySupreme Court of South Carolina · 1926
- Slater v. PriceSupreme Court of South Carolina · 1913
- State v. HughesSupreme Court of South Carolina · 1928
- Cobb v. CaterSupreme Court of South Carolina · 1901
- Slater v. PriceSupreme Court of South Carolina · 1913
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