Supreme Court of South Carolina, 1907

State v. Schiadaressi

Supreme Court of South Carolina · Decided March 1, 1907 · Gage

84 S.E. 536; 100 S.C. 91; 1907 S.C. LEXIS 191 (South Eastern Reporter)

Counsel

Mr. E.J. Blank , for appellant, submits: Warrant was illegally issued before affidavit was signed: 9 S.C. 314 to 317; const., art. I, sec. 22. Warrant did not give information as to nature and cause of accusation: const., art. I, sec. 18; 9 S.C. 309 to 317; 34 S.C. 286 ; 54 S.C. 321 ; 59 S.C. 274 ; 54 S.C. 196 , 287 ; 3 Rich. 172; 8 Rich. 312; 97 S. C. 452. Testimony does not support conviction: 9 S.C. 309 to 317; 9 S.W. 886; 17 Cyc. 189, 297. Mr. W. Turner Logan , corporation counsel for city of Charleston, for respondent.

Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gage.

This is a cause of novel impression. The defendant was tried before the recorder’s Court of the city of Charleston for violation of section 828 of the city ordinances.

In plain parlance, the defendant was tried for selling alcohol. The affidavit, the warrant thereon and the demurrer to the warrant will be reported.

The recorder overruled the demurrer, the cause went to trial and a juty wrote “guilty,” and judgment went against the defendant. -

The defendant appealed to the Circuit Court, and the judgment there was affirmed.

The defendant appeals here again, and judgment must go against him here.

There are eleven exceptions, and two of them are subdivided. They will be reported. It would be frivolous to consider the exceptions in the face of the defendant’s own admission on the witness stand. The sale was charged to have been made on Sunday, 28 October, 1913. The warrant was issued next day.

The defendant testified: “There was no drinking in my bar Sunday at all. I only sold it myself the next morning when I was there.”

The language of the seventh exception is a naive admission of lawlessness.

There is no room to parley; the defendant is guilty by his own mouth.

The judgment is affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.