State v. Matthis

Court of Appeals of South Carolina

State v. Matthis

19 S.C.L. 37

DecidedJanuary 15, 1833

StatusPublished

This text of 19 S.C.L. 37 (State v. Matthis) is published on Counsel Stack Legal Research, covering Court of Appeals 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. Matthis, 19 S.C.L. 37 (S.C. Ct. App. 1833).

Pincite

Opinion

Johnson, J.

The fact of retailing having been conceded by the defendant, the only question is, whether he can justify under an authority from Weaver; and certainly no individual can authorize another to violate a public law. in addition to this, the circumstances abundantly shew, that the defendant must have known that Weaver had no authority to retail. He was a passing stranger, who had no motive to apply for a license. The defendant would have been culpable, therefore, in aiding him in retailing.

Motion dismissed.

O’Neall, J. concurred. Harper, J. absent.

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Johnson, J.

The fact of retailing having been conceded by the defendant, the only question is, whether he can justify under an authority from Weaver; and certainly no individual can authorize another to violate a public law. in addition to this, the circumstances abundantly shew, that the defendant must have known that Weaver had no authority to retail. He was a passing stranger, who had no motive to apply for a license. The defendant would have been culpable, therefore, in aiding him in retailing.

Motion dismissed.

O’Neall, J. concurred. Harper, J. absent.

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Bluebook (online)

19 S.C.L. 37, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-matthis-scctapp-1833.