Town of Clinton v. Leake

• Decision Date: 07 March 1905
• Parties: TOWN OF CLINTON v. LEAKE. SAME v. LEAKE et al.
• Court: South Carolina Supreme Court

50 S.E. 541

71 S.C. 22

TOWN OF CLINTON v. LEAKE.

SAME v. LEAKE et al.

Supreme Court of South Carolina

March 7, 1905

Appeal from General Sessions Circuit Court of Laurens County; Frank B. Gary, Special Judge.

Ross Leake was indicted for violation of an ordinance of the town of Clinton, and Tom Leake and Wright Simpson were also indicted for the same offense. From orders on circuit reversing the judgment of the town council, the town appeals. Reversed.

T. S Sease, Sol., and W. R. Richey, for appellant. Simpson & Cooper and Babb & Knight, for respondents.

POPE C.J.

The defendant Ross Leake was arrested upon affidavit and warrant for that he did willfully abuse and shoot at Curl Wilson with a pistol on the streets of the town of Clinton, S. C without provocation, against the peace and dignity of the state, and in violation of the ordinances of the town of Clinton as made and provided in such case, on the 23d day of April, 1904. The defendant Tom Leake was charged that he did willfully strike and otherwise abuse Curl Wilson on the streets of the town of Clinton, S. C., without provocation against the peace and dignity of the state, and in violation of the ordinances of the town of Clinton, S. C., as made and provided in such case, on the 23d day of April, 1904. And the said Wright Simpson did willfully cut Curl Wilson with a knife, and otherwise abuse him, on the streets of the town of Clinton, S. C., against the peace and dignity of the state and in violation of the ordinances of the town of Clinton, S. C., as made and provided in such case. Each of these defendants was arrested on a warrant issued by W. A. Shands, under his hand and seal, as intendant of the town of Clinton, S.C. On the 29th day of April, 1904, the defendants were tried before the town council of Clinton, the members of the council having been called together for that purpose by the mayor of the town, W. A. Shands, Esq . The defendant Ross Leake was tried first, convicted and sentenced to pay a fine of $30, or be imprisoned 30 days. The defendants Tom Leake and Wright Simpson agreed to be tried together, and were so tried and convicted. Said defendant Tom Leake was sentenced to pay a fine of $10, or to 30 days' imprisonment. Said defendant Wright Simpson was fined $25, or to 30 days' imprisonment. Said defendants appealed from said sentences to the court of general sessions for Laurens county. These appeals were tried at the summer term of the court of general sessions for Laurens county by his honor Frank B. Gary, Special Judge, on the following grounds of appeal by Ross Leake:

"(1) Because the said town council was without jurisdiction to hear and try the said case, there having been no previous trial thereof before the mayor of the town of Clinton, and there being no appeal to the said town council from a decision on said case by the mayor of the town of Clinton, and there being no request from the said defendant for a trial of said case by the said town council.

(2) Because the said town council was without jurisdiction to try the said action against the defendant, the mayor, W. A. Shands, being related to the defendant by affinity within the sixth degree, his wife's father being the brother of the defendant's grandmother; J. I. Copeland, a member of the said town council, being related to the defendant by consanguinity within the sixth degree, his father being the brother of defendant's grandmother; E. C. Briggs, a member of the said town council, being related to the defendant by affinity within the sixth degree, his wife being the first cousin of the defendant's grandmother; J. W. Copeland, Jr., a member of the said town council being related to defendant by consanguinity within the sixth degree, his grandfather being the brother of defendant's grandmother.

(3) Because the said town council erred in finding the defendant guilty, the proof being that the defendant did not commit the offense charged .

(4) Because the warrant or information on which the defendant was tried does not sufficiently describe the offense charged."

The defendants Tom Leake and Wright Simpson appealed on the following grounds:

"(1) Because the said town council was without jurisdiction to hear and try the said case, there having been no previous trial thereof before the mayor of the town of Clinton, and there being no appeal to the said town council from a decision of the mayor of the town of Clinton therein and the said defendants not having asked to be tried by the said town council of the town of Clinton.

(2) Because the said town council of Clinton was without jurisdiction to try the said defendants, the mayor, W. A. Shands, being related to the defendant T. J. Leake by affinity within the sixth degree, the father of the said mayor's wife being the brother of the defendant's grandmother; and because J. I. Copeland, a member of the said town council of the town of Clinton, is related to the defendant T. J. Leake within the sixth degree by consanguinity, the father of the said J. I. Copeland being the brother of the said defendant's grandmother; and because E. C. Briggs, a member of the town council of the town of Clinton, is within the sixth degree of relationship to the defendant T. J. Leake by affinity, the wife of the said E. C. Briggs being the first cousin of the said defendant's grandmother; because J. W. Copeland, Jr., a member of the town council of the town of Clinton, is related to the defendant T. J. Leake within the sixth degree of

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