61 S.E. 224 | S.C. | 1908
April 20, 1908. The opinion of the Court was delivered by The appellant was convicted of larceny before the mayor of Greenville, and, on appeal to the Circuit Court, Judge Gage set aside the sentence and remanded the case for a new trial on the ground that the testimony was not taken down in writing and signed by the witness, and the defendant had not waived his right in this regard.
We find no error in this. Section 2003, Vol. 1, Code of Laws, 1902, provides that intendants and mayors "shall have all the power and authority of magistrates in criminal cases within the corporate limits and police jurisdiction of their *93 respective cites and towns and shall especially have the power and authority to speedily try all offenders against the ordinances of said town in a summary manner, and without a jury, unless demanded by the accused, etc." Sections 66 and 67 of Criminal Code provided for appeals from magistrates to the Court of General Sessions, and the service of notice of appeal. Section 68 declares: "Within ten days after said service the said magistrate shall file in the office of the clerk of the court the said notice, together with the record and statement of all proceedings in the case; and the testimony in writing taken at the trial and signed by the witnesses." Section 71 provides that said appeal shall be heard by the Court of General Sessions "upon the papers hereinbefore required and without the examination of witnesses in said Court."
As declared in State v. Freeman,
It might seem desirable in some mayor's courts, pressed with numerous cases, to dispense with this requirement which calls for some pains and consumption of time, but the due protection of the party charged with crime in his right of appeal and the means which compliance with the statute would afford in preventing or punishing perjury are weightier considerations.
The judgment of the Circuit Court is affirmed.