State v. Burch
| Decision Date | 08 January 1895 |
| Citation | 43 S.C. 3,20 S.E. 758 |
| Court | South Carolina Supreme Court |
| Parties | STATE. v. BURCH. |
Criminal Law—Jurisdiction of Trial Justice.
Under Gen. St. § 824, which provides that trial justices may punish all assaults "when the offense is not of a high and aggravated nature requiring in their judgment greater punishment" than they are allowed to impose, the determination of the trial justice that a certain case is or is not within his jurisdiction is not binding on appeal to the circuit court.
Appeal from general sessions circuit court of Florence county; Norton, Judge.
J. B. Burch was convicted in a justice court of assault, and from an order of the circuit court affirming the judgment of the justice court and dismissing the appeal, he appeals. Reversed.
Dargan & Coggeshall, for appellant.
R. O. Purdy, Acting Sol., for the State.
The defendant was tried and convicted before a trial justice under a warrant in which it was alleged that he "did commit a misdemeanor by assaulting deponent with drawn pistol, and saying he would shoot him, contrary to the statutes made and provided, and against the peace and dignity of the state; said Burch being at the time under a bond to keep the peace towards M. E. Harrell." The defendant appealed to the circuit court, and his honor, Judge Norton, made the following order: The defendant appeals to this court on the following exceptions: (1) "Because his honor erred in holding that the jurisdiction of the trial justice court in regard to assaults and batteries is controlled by the discretion of the trial justice, it being respectfully submitted that trial justices have no jurisdiction in aggravated assaults, and that in this case the trial justice was without jurisdiction." (2) "Because from the testimony in the case, when considered in connection with the affidavit of J. R. Coggeshall, it is not clear that the trial justice...
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State v. Jones
...that an assault with a shovel was one of aggravated nature; so in State v. Smalls, 17 S.C. 63, with a barrel stave; and in State v. Burch, 43 S.C. 3, 20 S.E. 758, a pistol. The third question: The appellant contends that the circuit judge committed reversible error in charging the jury that......
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State v. Wharton, 19944
...used a pistol, a deadly weapon, in the commission of the assault. An assault with a pistol is one of an aggravated nature. State v. Burch, 43 S.C. 3, 20 S.E. 758. There is ample testimony in this record from which the trial judge could conclude that the appellant was guilty of an aggravated......
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Brown v. Missouri State Life Ins. Co.
... ... obtained judgment for $75 against the defendant. At the ... outset we are met with the question as to the power of this ... court. The rule is: This court cannot consider, on appeal ... from magistrate's court, a question of fact. State v ... Leak, 62 S.C. 405, 40 S.E. 774; State v. Burch, ... 43 S.C. 3, 20 S.E. 758; Zimmerman v. Ry., 59 S.C ... 277, 37 S.E. 834 ... "It ... is not error to affirm a magistrate judgment where there is ... any evidence to support it." State v ... Easterlin, 61 S.C. 71, 39 S.E. 250 ... " [136 ... S.C. 92] ... ...
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State v. Johnson
...an assault with a shovel was one of aggravated nature; so in State v. Smalls, 17 S.C. [62] 63, with a barrel stave; and in State v. Burch, 43 S.C. 3, 20 S.E. 758, with pistol." To the same effect is State v. Dalby, 86 S.C. 367, 68 S.E. 633. In State v. Knox, 98 S.C. 114, 82 S.E. 278, after ......