State v. Powell

73 S.E. 1017, 91 S.C. 5, 1912 S.C. LEXIS 183

• Court: Supreme Court of South Carolina
• Decided: March 12, 1912
• Docket: 8133
• Status: Published

Opinion

The opinion of the Court was- delivered 'by

Mr. Justice Watts.

This case was heard before magistrate Brad'ham on a warrant charging the defendant with failure to perform-, road duty, under1 sec. 46-0- o-f Criminal Code. The defendant was found guilty and sentenced. An appeal was1 taken to- -the Court o-f General- Sessions- and was heard by his Honor, Judge DeV-ore. The- judgment o-f magistrate’s court was- affirmed.

From- this order an appeal was taken to this- Court. Al-l of the exceptions relate to the testimony, and ar-e to the effect that- 'the- State failed to make o-ut its case, and that there was not sufficient testimony on which to- base a verdict, of guilty. This Court has repeatedly held that a finding of fact by the magistrate, affirmed b-y the Circuit Judge, cannot be reviewed by this Court, if there is any evidence to- support it. Seegers Bros. v. Seaboard Air Line Ry., 73 S. C. 83; 52 S. E. 797; 4 L. R. A. (N. S.) 746n; Lewis v. Railroad Co., 78 S. C. 35, 58 S. E. 989. There is- su-ch evidence here.

The judgment of the Circuit Court is- affirmed and case remanded for the purpose o-f executing sentence.

The ChiEE Justice and the other Justices concur in the result.