STATE v. KILGORE

17415

233 S.C. 6 (1958)

103 S.E.2d 321

The STATE, Appellant v. B.M. KILGORE, Respondent.

Supreme Court of South Carolina.

April 17, 1958.


Attorney(s) appearing for the Case

Hubert E. Nolin, Esq., County Solicitor, of Greenville, for Appellant.

Messrs. Leatherwood, Walker, Todd & Mann, of Greenville, for Respondent.


April 17, 1958.

LEGGE, Justice.

Defendant was convicted in a magistrate's court of having in his possession four bottles of unstamped whiskey, in violation of Section 5 of the Act of March 28, 1956 (Code Supplement, 1957, Section 65-1270). The Greenville County Court reversed, upon the ground that the whiskey was, at the time of defendant's arrest, moving in interstate commerce; and the State has appealed.

The facts are not in dispute. The defendant...

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