State v. Powell
Cases that cite this one
3 later published cases cite this decision.
- City of Greenville v. Green (S.C. 1913)
- Owens v. Charleston & Western Carolina Ry. Co. (S.C. 1913)
- Brown v. Hughes (S.C. 1913)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The opinion of the Court was- delivered 'by
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.