State v. Turner
Supreme Court of South Carolina
Before MemmingER, J., Anderson, February, 1920. Ralph Turner indicted for violation of the prohibition law and upon conviction' appeals". cite: Person has right to have in possession for personal use one quart: 30 Stat. 69, Sec. 2. Until passage of that Act it was not an offense- to transport whiskey for personal use: 96 S. C., 5. All material facts must be stated in the indictment: Joyce indictments, Sec. 246; 10 Ene. P. of P., 473; 32 S. C., 123; 22 Cyc., 343; Crim.
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Before MemmingER, J., Anderson, February, 1920. Ralph Turner indicted for violation of the prohibition law and upon conviction' appeals". cite: Person has right to have in possession for personal use one quart: 30 Stat. 69, Sec. 2. Until passage of that Act it was not an offense- to transport whiskey for personal use: 96 S. C., 5. All material facts must be stated in the indictment: Joyce indictments, Sec. 246; 10 Ene. P. of P., 473; 32 S. C., 123; 22 Cyc., 343; Crim. Code 1912, Sec. 83; 14 R. C. E., 174. Indictment applicable to two offenses without specifying which is bad: 58 N. H., 348; 1…
1Opinion of the Court
February 10, 1922. The opinion of the Court was delivered by It does not appear from the "case" that there has been a final judgment from which alone an appeal may be taken. The appeal is therefore premature, and for that reason it is dismissed. State v. Byars, 79 S.C. 174,60 S.E., 448, and cases cited.
Appeal dismissed.
ON PETITION FOR REHEARING
MR. CHIEF JUSTICE GARY: This is a petition for a rehearing.
The defendant was indicted for a violation of the prohibition law, in that he willfully and unlawfully did transport and convey from one point to another within this State and county alcoholic…
2Cases cited3 opinions
- State v. BardenSupreme Court of South Carolina · 1902
- State v. ByarsSupreme Court of South Carolina · 1908
- State v. YoeSupreme Court of South Carolina · 1907
3Cited by3 opinions
- State v. MillerSupreme Court of South Carolina · 1986
- State v. SnyderNew Mexico Supreme Court · 1924
- Ex Parte MurraySupreme Court of South Carolina · 1973