State v. Fields, 17922

Decision Date06 June 1962
Docket NumberNo. 17922,17922
Citation240 S.C. 366,126 S.E.2d 6
PartiesThe STATE, Respondent, v. James FIELDS et al., Appellants.
CourtSouth Carolina Supreme Court

Jenkins & Perry, Columbia, W. Newton Pough, Orangeburg, for appellants.

Atty. Gen. Daniel R. McLeod, Asst. Atty. Gen. Everett N. Brandon, Columbia, Sol. Julian S. Wolfe, Orangeburg, for respondent.

LEWIS, Justice.

These defendants, 22 in number, were tried by the Magistrate at Orangeburg, South Carolina, without a jury, and found guilty of the offense of breach of the peace. They have appealed and charge error on the part of the trial court (1) in refusing to dismiss the warrant issued against them on the grounds that the information upon which the warrant was issued failed to fully set forth the crime charged, and (2) in refusing to sustain their contention that the State failed to prove the commission by them of the offense of breach of the peace. Under basically the same facts, the identical issues were presented in the case of The State v. Irene Brown et al., S.C., 126 S.E.2d 1 and decided adversely to the contentions of these defendants. The decision in that case, which is being filed simultaneously herewith, is controlling here and requires affirmance of the judgment of the lower court.

Affirmed.

TAYLOR, C. J., and MOSS, BUSSEY and BRAILSFORD, JJ., concur.

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7 cases
  • Williams v. Wallace, Civ. A. No. 2181-N.
    • United States
    • U.S. District Court — Middle District of Alabama
    • March 19, 1965
    ...S. Ct. 680, 9 L.Ed.2d 697 (1963); Fields v. South Carolina, 375 U.S. 44, 84 S. Ct. 149, 11 L.Ed.2d 107 (1963) (reversing State v. Fields, 240 S.C. 366, 126 S.E.2d 6 on the basis of Edwards v. South Carolina); Kelly v. Page, 335 F. 2d 114 (C.A. 5, 1964); Young v. Davis, 9 RRLR 590 (M.D.Fla.1......
  • Gregory v. City of Chicago
    • United States
    • U.S. Supreme Court
    • March 10, 1969
    ...776, 84 S.Ct. 1042, 12 L.Ed.2d 79 (1964); Fields v. South Carolina, 375 U.S. 44, 84 S.Ct. 149, 11 L.Ed.2d 107 (1963), reversing 240 S.C. 366, 126 S.E.2d 6 (1962). There is no evidence in this record that petitioners' conduct was disorderly. Therefore, under the principle first established i......
  • City of Rock Hill v. Henry
    • United States
    • South Carolina Supreme Court
    • November 15, 1963
    ...Justice Clark. In the light of our understanding of the Edwards case we proceeded to consider the facts in the case of State v. Fields, et al., 240 S.C. 366, 126 S.E.2d 6, in comparison with the facts in the Edwards case. As the record, if considered, will show quite clearly, the conduct of......
  • NAACP v. Thompson, 20619.
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • July 24, 1963
    ... ... the respondents, as officials of the city of Jackson, Mississippi, and officials of the state of Mississippi, from continuing to arrest a class of persons, consisting principally of Negroes, ... South Carolina, 372 U.S. 229, 83 S.Ct. 680, 9 L.Ed.2d 697 and in Fields et al. v. South Carolina, 372 U.S. 522, 83 S.Ct. 887, 9 L.Ed.2d 965, reversing convictions reported ... ...
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