State v. Fields, No. 17922

CourtUnited States State Supreme Court of South Carolina
Writing for the CourtLEWIS; TAYLOR
Citation240 S.C. 366,126 S.E.2d 6
PartiesThe STATE, Respondent, v. James FIELDS et al., Appellants.
Docket NumberNo. 17922
Decision Date06 June 1962

Page 6

126 S.E.2d 6
240 S.C. 366
The STATE, Respondent,
v.
James FIELDS et al., Appellants.
No. 17922.
Supreme Court of South Carolina.
June 6, 1962.

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 [240 S.C. 367] 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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6 practice notes
  • Williams v. Wallace, Civ. A. No. 2181-N.
    • United States
    • United States District Courts. 11th Circuit. 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, No. 60
    • United States
    • United States Supreme Court
    • March 10, 1969
    ...376 U.S. 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 esta......
  • City of Rock Hill v. Henry, No. 18001
    • United States
    • United States State Supreme Court of South Carolina
    • November 15, 1963
    ...In the light of our understanding of the Edwards case we proceeded to consider the Page 720 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 the v......
  • NAACP v. Thompson, No. 20619.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • July 24, 1963
    ...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 at 240 S. C. 366, 126 S.E.2d 6, 7, 8 and 9 q. There were a variety of fact situations present in the testimony before the trial court which resulted in arrest......
  • Request a trial to view additional results
6 cases
  • Williams v. Wallace, Civ. A. No. 2181-N.
    • United States
    • United States District Courts. 11th Circuit. 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, No. 60
    • United States
    • United States Supreme Court
    • March 10, 1969
    ...376 U.S. 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 esta......
  • City of Rock Hill v. Henry, No. 18001
    • United States
    • United States State Supreme Court of South Carolina
    • November 15, 1963
    ...In the light of our understanding of the Edwards case we proceeded to consider the Page 720 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 the v......
  • NAACP v. Thompson, No. 20619.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • July 24, 1963
    ...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 at 240 S. C. 366, 126 S.E.2d 6, 7, 8 and 9 q. There were a variety of fact situations present in the testimony before the trial court which resulted in arrest......
  • Request a trial to view additional results

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