Legal Opinion

State v. Moody

Supreme Court of South Carolina

Decided November 2, 1904PublishedCited by 1 opinion

Before Gary, J., Marlboro, fall term., 1903. Two indictments, (1) against J. G. Moody, (2) against Henry Charles. From verdict and sentence, defendants appeal. cite: Error to refuse to quash second count: Criminal Code, 584; Clark’s Grim. Proc., 493; 1 Rich. R., 260; 32 S. E. R., 408; 39 S. E. R., 897; 30 S. C., 399; 33 S. E. R., 366; sec. 3449, R. S. of U. S. There being no evidence -to support the verdict, it should have been set aside: 68 S. C., 53.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chiee Justice Pope.

The two above cases were, by consent of all parties, tried as one case, though the verdict of the jury was entered upon each separate indictment. The indictments were for violations of the dispensary law of this State. Verdict was in each case “Guilty of the second count; not guilty as to the first and third counts.” Thereupon the defendants appealed from said verdicts of guilty as to the second count.

The following is the indictment in the two cases. The indictment in the second case being identical with the first (except as to…

2Cited by1 opinion

  1. State v. MesservySupreme Court of South Carolina · 1910

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