State v. Jenkins

• Decision Date: 16 February 1887
• Parties: State v. Jenkins.
• Court: South Carolina Supreme Court

1 S.E. 437
(26 S.C. 121)

State
v.
Jenkins.

Supreme Court of South Carolina.

February 16, 1887

Perjury—Want of Jurisdiction—Larceny.

In the absence of any law limiting the punishment of petit larceny to $100 fine and 30 days' imprisonment, which is the maximum authorized by the South Carolina constitution to be imposed by a trial justice in any case, trial justices have no jurisdiction of that offense, and perjury cannot be committed in a trial before such justice on a charge of petit larceny, as perjury cannot be committed when the court in which evidence is given has no juris diction.¹

Appeal from circuit court, Richland county.

H. C. Patton, for appellant.

R. G. Benham, (J. T. Barron and D. C. Ray, of counsel,) for the State.

Simpson, C. J. The appellant was indicted for perjury, charged to have been committed by him in a previous prosecution against him for petit larceny before a trial justice. The judge was requested to charge that a trial justice had no jurisdiction in cases of petit larceny, and therefore that perjury could not be committed in such a case. This request was refused, whereupon the defendant was convicted.

The only question in the appeal is, was it error for the judge to refuse appellant's request? which raises the question whether or not trial justices have jurisdiction in cases of petit larceny.

Section 19, art. 1, Const., provides that "justices of the peace, or other officer authorized by law, * * * shall have jurisdiction, in all cases less than felony, where the punishment does not exceed a

[1 S.E. 438]

fine of a hundred dollars, or imprisonment for thirty days, and that such offenses shall be summarily tried by them. * * *" There is no doubt that a trial justice falls under the terms "other officer authorized by law, " and that he has all the powers conferred by this section of the constitution. State v. Fillebrown, 2 S. C. 404. It is apparent, too, that this section confers upon him jurisdiction in all offenses under felony where the punishment does not exceed that mentioned above.

Section 2498, Gen. St., declares that "larceny of goods * * * below the value of twenty dollars shall be a misdemeanor, and considered a petit larceny." We suppose the previous prosecution before the trial justice was for a larceny of goods below the value of $20. It was therefore a misdemeanor, and consequently less than felony, and to that extent having one of the elements necessary to the jurisdiction of the trial justice. The other element, however, is...