Supreme Court of South Carolina, 1921

State v. Wyatt

Supreme Court of South Carolina · Decided January 31, 1921 · Gags

105 S.E. 704; 115 S.C. 325; 1921 S.C. LEXIS 4 (South Eastern Reporter)

Counsel

Messrs. Sam E. Barron and Macbeth Young , for appellant, cite: Autrefois acquit: 1 Bail. L. 651. Ban on alcoholic liquors: Sec. 794 Crim. Code 1912. Procedure changed by XVIII Amend. Const. U.S. Powers of enforcement being full and equal, prosecution in one jurisdiction is bar to prosecution in the other: 227 U.S. 309 ; 100 U.S. 392 . "Twice in jeopardy:" 16 Corp. Jur., Par. 370, p. 239; Id. , Par. 375, p. 240. Right to the plea: 27 S.C. 80 ; 20 S.C. 392 ; 65 S.C. 190 ; 76 S.C. 72 . Defendant may enter plea and have it, and the proof submitted to the jury as an issue of fact: Const. S.C. 1895, art. I, pars. 5, 17, 18, 25; 76 S.C. 72 . Mr. Ira C. Blackwood, Solicitor , for respondent.

Opinion of the Court

The following order was handed down

Per Curiam :

There was a mistrial in this case, and the appeal is from an order of the Circuit Court overruling the defendant’s plea of former jeopardy.

*326 The case involves a construction of the Eighteenth Amendment of the United States Constitution. No argument was filed by the solicitor.

As there has not been any final judgment, the .ruling of his Honor, the presiding Judge, is not appealable. State v. Byars, 79 S. C. 174, 60 S. E. 448, and cases therein cited.

Appeal dismissed.

Me. Justice Gags did not participate.

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