Public-domain · open source
OpenJurist

260 S.C. 355

196 S.E.2d 111

State v. Tabory

Supreme Court of South Carolina

Decided April 5, 1973

Supreme Court of South Carolina · decided 1973-04-05

Good law ✅— No negative treatment on recordhow we know

Decided 1973-04-05

How this case has been cited

Cited by 22 later decisions — most recently February 2008

2 federal appellate · 20 state decisions

701973198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Brailsford, Justice

¶1(concurring) :

¶2The 1971 Drug Act, which became effective June 17, 1971, omitted the provision of the earlier Act raising a presumption of possession of marihuana for sale or distribution from proof of possession of a specified quantity of the substance. I question the effectiveness of the ineptly worded savings clause, Section 32-1510.66, Code Supplement for 1971, to preserve the statutory presumption which existed at the time of appellant’s arrest, but not at the time of his trial in July, 1971. However, I am convinced that appellant was not prejudiced by the instruction on this presumption, because on this record the conclusion was inescapable that the possessors of 2600 pounds of marihuana possessed it for distribution. No sensible jury could have concluded otherwise. Therefore, I concur in the result.

Lewis and Bussey, JJ., concur.
/260/sc/355 · .json · Public domain