State v. Rollins

Decided December 15, 1859

Court of Appeals of South Carolina · decided 1859-12-15

BEFORE GLOVER, J., AT DARLINGTON, SPRING TERM, 1859. The report of his Honor, the presiding Judge, is as follows: “ The defendant, a shop-keeper, was indicted under the Act of 1817, for trading with a slave without a permit. The proof was, that the slave went into defendant’s shop with five pounds of bacon and an empty bottle, and came out without the bacon and with a bottle of whiskey.

Decided 1859-12-15

¶1Tlie opinion of the Court was delivered by

Whitner, J.

¶2The Acts of 1834 and 1817, each prohibit the sale of spirituous liquors to a slave, without a lawful permit by persons enumerated, though under different penalties. The distiller, vendor, and retailer, fall within each, and quoad such persons, the penalty enacted for that specific offence by the Act of 1834, is a repeal of the" penalty •prescribed by the Act of 1817. Under the authority of the cases of State vs. *299Evans, 3 Hill, 190, and State vs. Brock, 11 Rich. 447, the judgment in this case must be arrested, the defendant having been convicted under the Act of 1834, in a former case, and incurred its penalty.

¶3The motion in arrest of judgment is granted.

O’Neall, Wardlaw, Withers, Glover and Munro, JJ., concurred.

¶4Motion granted.