State v. Davis
Supreme Court of South Carolina
Before Ardrich, J., Charleston, February term, 1910. cite: The use of an auto without the consent of the owner is not the subject of a criminal indictment for conspiracy; 2 Hill 282; 13 East 228; 11 S. C. 230. Count charging malicious mischief is not good: Bish. on Stat. Crimes, sec. 447; 54 S. C. 198; 14 S. C. 353; 10 Rich. 373; 1 Rich. 179; 2 N. & McC. 560. The agreement was not proved: 49 S. C. 422; 40 S. C. 330. Argument of solicitor prejudiced: 69 S. C. 76; 65 S. C.…
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Before Ardrich, J., Charleston, February term, 1910. cite: The use of an auto without the consent of the owner is not the subject of a criminal indictment for conspiracy; 2 Hill 282; 13 East 228; 11 S. C. 230. Count charging malicious mischief is not good: Bish. on Stat. Crimes, sec. 447; 54 S. C. 198; 14 S. C. 353; 10 Rich. 373; 1 Rich. 179; 2 N. & McC. 560. The agreement was not proved: 49 S. C. 422; 40 S. C. 330. Argument of solicitor prejudiced: 69 S. C. 76; 65 S. C. 248; 58 Mich. 248. Malicious mischief defined: 14 Rich. 249. Oral argument.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chiee Justice Jones.
The defendant, Louis Davis, was chauffeur for Dr. Edward E; Parker in the city of Charleston. On Saturday evening, January 29, 1910, Davis was directed to put the automobile in the garage and lock it up. This instruction was disregarded, and at 10:30 o’clock that night Davis drove the auto to a restaurant in the city and there met his chums, the defendants Plenry Field and Robert Smith. After remaining at the restaurant until near 12 o’clock the defendants got into the auto and agreed to go out for a spin upon the Meeting Street…
2Cases cited5 opinions
- Commonwealth v. WatermanMassachusetts Supreme Judicial Court · 1877
- State v. WilliamsonSupreme Court of South Carolina · 1903
- State v. GreenSupreme Court of South Carolina · 1894
- Willey v. Norfolk Southern RailroadSupreme Court of North Carolina · 1887
- Kirby v. Western Union Telegraph Co.Supreme Court of South Carolina · 1907
3Cited by29 opinions
- Charles v. Texas Co.Supreme Court of South Carolina · 1942
- State v. KimbroughSupreme Court of South Carolina · 1948
- Lee v. Chesterfield General Hospital, Inc.Court of Appeals of South Carolina · 1986
- Cochran v. GritmanIdaho Supreme Court · 1921
- State v. CondreyCourt of Appeals of South Carolina · 2002
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