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24 S.C.L. 147

State v. Stone

Court of Appeals of South Carolina

Decided February 15, 1839

Court of Appeals of South Carolina · decided 1839-02-15

<p>The rule of evidence, established by the 5th section of the act of 1834, p. 14, in relation to illegal traffic with slaves, applies only, it seems, to cases arising under the act of 1817.</p> <p>Though the act of 1834, as to vendors of liquors, &c. may be considered as repealing the penal provisions of the act of 1817; yet the rule of evi. dence established by the act of 1817, (which requires the defendant to produce and prove the written permission of the owner or employer, to deal, trade or traffic,) remains in full force, and applies to indictments under the act of 1834.</p> <p>Where a man is charged with a crime and does not deny it, a jury is warranted, (especially in connection with other strong circumstances,) in finding a verdict of guilty.</p>

Decided 1839-02-15

Curia, per ONeall, J.

¶1In this case, we perceive no error in the legal instructions given to the jury. The facts well warranted the verdict.

¶2The motion is dismissed.

Gantt, Evans and Butler, Justices, concurred. Richardson, *150J. was absent 'from indisposition. Earle, J. was absent at the argument, but concurred in the judgment. M’Carthy, for the motion. Solicitor Edwards, contra.
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