Opinion · Supreme Court of South Carolina

The STATE v. Fields

240 S.C. 366

Type
Opinion
Court
Supreme Court of South Carolina
Jurisdiction
South Carolina
Date
1962-06-06
Topic
general

Lewis, Justice. These defendants, 22 in number, were tried by the Magistrate at Orangeburg, South Carolina, without a jury, and found guilty of the offense of breach of the peace. They have appealed and charge error on the part of the trial court °(1) in refusing to dismiss the warrant issued against them on the grounds that the information upon which the warrant was issued failed to fully set forth the crime charged, and (2) in refusing to sustain their contention that the State *367 failed to prove the commission by them of the offense of breach of the peace. Under basically the same facts, the iden- . tical issues were presented in the case of The State v. Irene Brown et al., S.

Citator

UpLaw has not yet analyzed The STATE v. Fields. The absence of a flag is not a finding that it is good law.

Cited by
3 opinions
Lewis, Justice.

These defendants, 22 in number, were tried by the Magistrate at Orangeburg, South Carolina, without a jury, and found guilty of the offense of breach of the peace. They have appealed and charge error on the part of the trial court °(1) in refusing to dismiss the warrant issued against them on the grounds that the information upon which the warrant was issued failed to fully set forth the crime charged, and (2) in refusing to sustain their contention that the State *367 failed to prove the commission by them of the offense of breach of the peace. Under basically the same facts, the iden- . tical issues were presented in the case of The State v. Irene Brown et al., S. C., 126 S. E. (2d) 1 and decided adversely to the contentions of these defendants. The decision in that case, which is being filed simultaneously herewith, is controlling here and requires affirmance of the judgment of the lower .court.

Affirmed.

Taylor, C. J., and Moss, Bussey and Brailsford, JJ., concur.