91 S.E. 4 | S.C. | 1916
December 26, 1916. The opinion of the Court was delivered by The defendant was convicted in a magistrate's Court for obstructing a neighborhood road by the removal of a bridge connecting it with a public highway. The Circuit Court reversed the judgment and dismissed the prosecution, on the ground that the magistrate's Court was without jurisdiction of the offense charged. The State appealed.
The case is ruled by State v. Harden,
The obstruction of such highways (neighborhood roads) is an indictable offense at common law, but the penalty for the offense has not been limited by statute so as to give magistrates jurisdiction of it, since the Constitution (article V, sec. 21) prescribes that their jurisdiction shall not extend to criminal cases where the punishment exceeds a fine of $100 or imprisonment for 30 days. It has been held that the punishment for any offense must be so limited to confer jurisdiction of it upon magistrates.State v. Williams,
The case relied upon by the State (State v. Wolfe,
The contention that, as the bridge connected the neighborhood road with the public highway was built by the county authorities, its removal brought the case within the statute as an obstruction of the public highway, is untenable.
Judgment affirmed.