39 S.C. 23 | S.C. | 1893
The opinion of the court was delivered by
The defendant, Ervin Floyd, was indicted for obstructing a neighborhood road, at the common law. There was no objection made to the form of the indictment. A true bill was found by the grand jury. At the trial much testimony was introduced pro and con, and the defendant was eonvicted, and sentenced to pay a fine of two dollars and to remove the obstructions forthwith. The defendant at the trial submitted a number of requests to charge, but after the judge had.charged generally, and was proceeding to take up “the requests,” the counsel far the defendant rose in court and said: “Tour honor has covered the ground contained in our requests to charge, and we withdraw them.” Therefore, the judge did uot charge upon theta; and, of course, they are not properly in the ease, although printed in the record.
The judgment of this court is, that the judgment of the Circuit Court be affirmed.