Legal Opinion

State v. Ivey

Supreme Court of South Carolina

Decided February 21, 1906Published

Before Watts, J., Sumter, October, 1905. Indictment against W. E. Ivey for hawking and peddling. From judgment of Court of General Sessions reversing judgment of magistrate, State appeals.

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Before Watts, J., Sumter, October, 1905. Indictment against W. E. Ivey for hawking and peddling. From judgment of Court of General Sessions reversing judgment of magistrate, State appeals. Mr. Jennings cites: What is a hawker and peddler? 42 S. C., 211; 52 S. C., 508. cites: Defendant is not a hawker and peddler: 1 McM., 25; 52 S. C., 211, 508; 55 S. C., 560'. Defendant was engaged in interstate transaction: 153 U. a, 300; 100 U. S., 676; 91 U. S-, 275. Findings by Circuit Court are not reviewahle here: 70’ S. C., 544; 43 S. C., 3; 59 S. C., 283, 488; 45 S. C., 33.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. ChiEE Justice Pope.

A prosecution, in the magistrate’s court of H. Harby, Esq., of Sumter County, S. C., was instituted about the 14th of October, 1905, against W. E. Ivey, as defendant, on the charge of the purchase and delivery of a package of medicine, in violation of sec. 1, of an act entitled “An act to prevént traveling vendors from plying their vocation,” approved 26th of February, A. D. 1902, pages 1101-1102. After the introduction of testimony on both sides, the magistrate found the defendant guilty and sentenced him to pay a fine of $30 or…

2Cases cited3 opinions

  1. State v. MooreheadSupreme Court of South Carolina · 1894
  2. Alexander Bros. v. Greenville CountySupreme Court of South Carolina · 1897
  3. State v. CoopSupreme Court of South Carolina · 1898

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