Supreme Court of South Carolina, 1925

State v. Center

Supreme Court of South Carolina · Decided December 8, 1925 · Cothran, Gary, Messrs, Watts, Marion, Purdy

130 S.E. 646; 133 S.C. 185; 1925 S.C. LEXIS 58 (South Eastern Reporter)

Counsel

Messrs. W.E. Westmoreland and John C. Henry , for appellant, cite: Charge by Court insufficient: 129 S.C. 452 ; 126 S.C. 461 ; 123 S.C. 486 ; 109 S.C. 411 ; 107 S.C. 432 ; 105 S.C. 28 ; 89 S.C. 132 ; 63 S.C. 103 . "Storing" of liquor defined: 126 S.C. 461 ; 109 S.C. 411 ; 107 S.C. 432 ; 105 S.C. 28 ; 89 S.C. 132 ; 63 S.C. 103 . "Transporting" Crim. Code 1922, Sec. 153. Messrs. Dakyns B. Stover, County Solicitor , and W.E. Bowen for respondent.

Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Cothran.

The defendant, Center, along with two others, Luther Redding and Will Redding, was indicted upon three counts : (1) Storing and keeping in possession; (2) receiving and having in possession; and (3) transporting intoxicating liquors. In a separate indictment he was charged with assault and battery with intent to kill.

• The two cases were tried together before his Honor, County Judge Ansel, and a jury. In the first case the jury returned a verdict of guilty as to all three defendants; and, in the second case, a verdict of gxiilty of assault and battery of a high and aggravated nature.

The defendants, Luther Redding and Will Redding, have not appealed; the defendant, Center, has appealed in both cases.

In view of the material distinction between the offenses charged in violation of the prohibition law and the several grades of assault and battery, we are constrained to hold, upon a consideration of the Judge’s charge, which will be reported, that he failed to respond to the mandatory injunction of the Constitution, Art. 5, § 26: “Judges shall not charge juries in respect to matters of fact, but shall declare the law.”

The judgment of this Court is that the judgment of the County Court be reversed, and that the case as to R. A. Center be remanded to that Court for a new trial.

*189 Mr. Chief Justice Gary, Messrs. Justices Watts and Marion, and Mr. Acting Associate Justice R. O. Purdy concur.

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