State v. Edwards, 17853
| Citation | 123 S.E.2d 247,239 S.C. 339 |
| Decision Date | 05 December 1961 |
| Docket Number | No. 17853,17853 |
| Parties | STATE, Respondent, v. James EDWARDS, Jr., et al., Appellants. |
| Court | United States State Supreme Court of South Carolina |
Jenkins & Perry, Columbia, Donald James Sampson, Greenville, for appellants.
Daniel R. McLeod, Atty. Gen., J. C. Coleman, Jr., Everett N. Brandon, Asst. Attys. Gen., for respondent.
The appellants, one hundred eighty seven in number, were convicted in the Magistrate's Court of the common law crime of breach of the peace. The charges arose out of certain activities in which the appellants were engaged in and about the State House grounds in the City of Columbia on March 2, 1961. The only question involved in their appeal to this Court is whether or not the evidence presented to the trial Court was sufficient to sustain their conviction. Conviction was sustained by the Richland County Court, from which this appeal comes. While the appellants have argued that their arrest and conviction deprived them of their constitutional rights of freedom of speech and assembly, guaranteed to them by both the State and Federal Constitutions, Const. art. 1, § 4; U.S.Const. Amend. 1, it is conceded in argument before us that whether or not any constitutional right was denied to them is dependent upon their guilt or innocence of the crime charged under the facts presented to the trial Court. If their acts constituted a breach of the peace, the power of the State to punish is obvious. Feiner v. People of State of New York, 340 U.S. 315, 71 S.Ct. 303, 95 L.Ed. 295.
It is well settled that the trial Court must be affirmed if there is any competent evidence to sustain the charges and, in determining such question, the evidence and the reasonable inferences to be drawn therefrom must be viewed in the light most favorable to the State.
The testimony discloses the following events which resulted in the arrest of the appellants and the issuance of warrants charging them with breach of the peace.
Shortly before noon on March 2, 1961, a group of approximately 200 Negro students, after attending a meeting at the Zion Baptist Church in the City of Columbia, walked in groups of approximately fifteen each from the church along public sidewalks to the State House grounds, a distance of approximately six blocks. The purpose of the movement of the group to the State House was to parade about the grounds in protest to the General Assembly and the general public against the laws and customs of the State relative to segregation of the races, such demonstration to continue until, as the testimony shows, their conscience told them that the demonstration had lasted long enough. The General Assembly was in session at the time.
As they reached the State House grounds, the group was met by police authorities of the State and the City of Columbia. After a brief conference between their leader and police officers, the group proceeded to parade about the State House grounds. They continued to parade around the State House for approximately forty-five minutes during which time they met with no interference. During this forty-five minute period a crowd, evidently attracted by the activities of the paraders, began gathering in the area in front of the State House, known as the 'horseshoe', blocking the lanes for vehiclar traffic through such area and materially interfering with the movement of pedestrian traffic on the sidewalks in the area and on sidewalks immediately adjacent. Vehicular traffic on the adjacent city streets was noticeably and adversely affected by the large assemblage of paraders and the crowd which had overflowed the horseshoe area into the adjacent streets.
The traffic situation can best be understood in relation to the area involved. Columbia is the State Capitol. Main and Gervais Streets in Columbia intersect in front of the State House. Gervais Street runs in an east-west direction, along the northern side of the State House grounds. Main Street, running north and south, intersects Gervais Street in front of the State House, where it dead-ends. The area referred to as the 'horseshoe' is in effect a continuation of Main Street into the State House grounds. It is about 1/4 block in length and about the width of Main Street. Situated at the center of the entrance to the 'horseshoe' is a monument, with space on each side for vehicular traffic to enter and leave the area. It is reserved for parking of vehicles and, on the occasion in question, was filled with automobiles. It is a violation of law to block or impede traffic in the area. Section 1-417, Cumulative Supplement, 1952 Code of Laws. Sidewalks are located around the area for use by pedestrians.
The intersection of Main and Gervais Streets in front of the State House in Columbia is, by common knowledge, one of the busiest intersections in the State of South Carolina, both from the standpoint of vehicular and pedestrian traffic.
On the occasion in question, in addition to the approximately 200 paraders in the area, there had gathered approximately 350 onlookers and the crowd was increasing. With the paraders and the increasingly large number...
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Lindsey v. City of Beaufort
...race." 372 U.S. at 230, 83 S.Ct. at 680. The South Carolina Supreme Court referred to them as "Negro students." State v. Edwards, 239 S.C. 339, 123 S.E.2d 247, 248 (1961). The suggestion that this judge as a practicing attorney "participated" in this and other civil rights cases is an even ......
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State v. Anonymous (1971-4)
...U.S. 229, 234, 83 S.Ct. 680, 683, 9 L.Ed.2d 697, reviewed convictions in South Carolina, where the state Supreme Court had said, 239 S.C. 339, 123 S.E.2d 247, that the offense of breach of the peace 'is not susceptible of exact definition,' but that '(i)n general terms, a breach of the peac......
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Edwards v. South Carolina
...of the commonlaw crime of breach of the peace. Their convictions were ultimately affirmed by the South Carolina Supreme Court, 239 S.C. 339, 123 S.E.id 247. We granted certiorari, 369 U.S. 870, 82 S.Ct. 1141, 8 L.Ed.2d 274, to consider the claim that these convictions cannot be squared with......
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Barr v. City of Columbia
...of Charleston v. Mitchell, 239 S.C. 376, 123 S.E.2d 512, rev'd on another point, 378 U.S. 551, 84 S.Ct. 1901. See also State v. Edwards, 239 S.C. 339, 123 S.E.2d 247, rev'd on another point sub nom. Edwards v. South Carolina, 372 U.S. 229, 83 S.Ct. 680, 9 L.Ed.2d 697; City of Greenville v. ......
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First Amendment Protections for "good Trouble"
...(reviewing a conviction for the violation of a statutory breach of the peace law).88. Edwards, 372 U.S. at 234 (quoting Edwards v. State, 123 S.E.2d 247, 249 (S.C. 1961)).89. Id. at 238. 90. Id at 236-38 (quoting Terminiello v. City of Chicago, 337 U.S. 1, 5 (1949)).91. Id. at 235-36 (footn......