City of Sumter v. Keels

• Decision Date: 12 July 1913
• Citation: 78 S.E. 893,95 S.C. 203
• Parties: CITY OF SUMTER v. KEELS. Ex parte KEELS.
• Court: South Carolina Supreme Court

78 S.E. 893

95 S.C. 203

CITY OF SUMTER v. KEELS.

Ex parte KEELS.

Supreme Court of South Carolina

July 12, 1913

Original proceedings in habeas corpus before Justice Fraser.

John Keels was convicted in the Recorder's Court of the City of Sumter of petit larceny, and from an order in habeas corpus proceedings discharging him, the city appeals. Affirmed.

The order of Justice Fraser was as follows:

"This is a proceeding in habeas corpus. The defendant was convicted by the recorder of the city of Sumter upon six charges of petit larceny and sentenced to 30 days for each offense. There was included in the indictment a charge of carrying concealed weapons. The defendant was also convicted of this offense. The alternative was given in each case of paying a fine. The defendant paid the fine for carrying concealed weapons. The city of Sumter has an ordinance against carrying concealed weapons, but none against larceny. The prisoner raises the question of jurisdiction of the recorder to try offenses other than violations of the ordinances of the city. It is conceded that Sumter is a city of more than 2,000 inhabitants and less than 20,000 inhabitants. I hold that the recorder of the city of Sumter has no jurisdiction to try prisoners for offenses other than offenses against the ordinances of the city of Sumter. It is therefore ordered that the defendant, Jno. Keels, be discharged from custody under the commitment by the recorder of Sumter, and that unless he be held under some other authority he be discharged from custody and allowed to go hence without day."

Lee & Moise, of Sumter, for appellant. H. D. Moise and A. S Merrimon, both of Sumter, for respondent.

WATTS J.

The agreed statement of facts in this case shows that John Keels was tried by the recorder of the city of Sumter in 1913 on six charges of petit larceny and convicted on all the charges and sentenced to 30 days' imprisonment on the county chain gang for the county of Sumter or pay a fine of $100 in each case. Keels having been committed to the county chain gang, a petition for a writ of habeas corpus, in the usual form, was taken before Justice Fraser, based upon the lack of jurisdiction of the recorder of the city of Sumter to try and punish the defendant (respondent here) for petit larceny upon the ground that the city of Sumter had no ordinance prohibiting the same, and that the recorder's powers extended only to the punishment of...