State v. Cargill

Supreme Court of South Carolina

State v. Cargill

4 S.C.L. 445

DecidedNovember 15, 1810

StatusPublished

This text of 4 S.C.L. 445 (State v. Cargill) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Cargill, 4 S.C.L. 445 (S.C. 1810).

Pincite

Opinion

By the coxiRT.

It does not appear that the public peace was violated, by any violent misconduct of the defendant, in obtaining or keeping possession of the land in question. If the prosecutor had a belter right to the possession than the defendant, he might have availed himself of his civil remedy. The law will not punish, criminally, a private injury of this nature. There must be, at least, some appearance of force, by acts, words, or gestures, to constitute the offence charged.

New trial granted.

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By the coxiRT.

It does not appear that the public peace was violated, by any violent misconduct of the defendant, in obtaining or keeping possession of the land in question. If the prosecutor had a belter right to the possession than the defendant, he might have availed himself of his civil remedy. The law will not punish, criminally, a private injury of this nature. There must be, at least, some appearance of force, by acts, words, or gestures, to constitute the offence charged.

New trial granted.

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Bluebook (online)

4 S.C.L. 445, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-cargill-sc-1810.