Town of Branchville v. Felder

Supreme Court of South Carolina

Town of Branchville v. Felder

68 S.E. 575, 86 S.C. 280, 1910 S.C. LEXIS 48

CourtSupreme Court of South Carolina

DecidedJuly 13, 1910

Docket7611

StatusPublished

Cited by3 cases

This text of 68 S.E. 575 (Town of Branchville v. Felder) 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

Town of Branchville v. Felder, 68 S.E. 575, 86 S.C. 280, 1910 S.C. LEXIS 48 (S.C. 1910).

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Opinion

The opinion of the Court was delivered by

Mr. Justice Woods.

The defendant was convicted before the mayor’s court of the town of Branchville of the offense of selling liquor in violation of the town ordinance. The appeal is- from an order of the Circuit Court affirming the judgment of the mayor’s court.

*281 1 At the call of the case in the mayor’s court, defendant’s counsel demanded that a warrant be issued; before trial. The demand was refused. There is nothing in the record to indicate that the offense was committed in the presence of the officer who made the arrest, or that there were such circumstances of emergency as to justify the officer in arresting without a warrant. This being so, the defendant was entitled to demand that a warrant be issued before his trial. State v. Sims, 16 S. C., 486; Percival v. Bailey, 70 S. C., 72, 49 S. E., 7; State v. Byrd, 72 S. C., 104, 51 S. E., 542. The exception on this point must be sustained.

2 It appears from the report of the mayor that the defendant expressly waived' the requirement of the statute that the witnesses should sign their statements, and that the defendant’s demand for a jury trial was not made until the Court had entered on the trial, and taken a part of the testimony. Hence the exceptions on these points must be overruled.

The judgment of 'this Court is that the judgment of the Circuit Court be reversed.

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The opinion of the Court was delivered by

Mr. Justice Woods.

The defendant was convicted before the mayor’s court of the town of Branchville of the offense of selling liquor in violation of the town ordinance. The appeal is- from an order of the Circuit Court affirming the judgment of the mayor’s court.

*281 1 At the call of the case in the mayor’s court, defendant’s counsel demanded that a warrant be issued; before trial. The demand was refused. There is nothing in the record to indicate that the offense was committed in the presence of the officer who made the arrest, or that there were such circumstances of emergency as to justify the officer in arresting without a warrant. This being so, the defendant was entitled to demand that a warrant be issued before his trial. State v. Sims, 16 S. C., 486; Percival v. Bailey, 70 S. C., 72, 49 S. E., 7; State v. Byrd, 72 S. C., 104, 51 S. E., 542. The exception on this point must be sustained.

2 It appears from the report of the mayor that the defendant expressly waived' the requirement of the statute that the witnesses should sign their statements, and that the defendant’s demand for a jury trial was not made until the Court had entered on the trial, and taken a part of the testimony. Hence the exceptions on these points must be overruled.

The judgment of 'this Court is that the judgment of the Circuit Court be reversed.

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Bluebook (online)

68 S.E. 575, 86 S.C. 280, 1910 S.C. LEXIS 48, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-branchville-v-felder-sc-1910.

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