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CITY OF ROCK HILL v. HENRY

18001

241 S.C. 427 (1962)

128 S.E.2d 775

CITY OF ROCK HILL, Respondent, v. Leroy HENRY et al., Appellants.

Supreme Court of South Carolina.

December 7, 1962.

Attorney(s) appearing for the Case

Messrs. Donald James Sampson, and Willie T. Smith, Jr., of Greenville, and Jenkins & Perry, of Columbia, for Appellants.

Messrs. Daniel R. McLeod, Attorney General, and Everett N. Brandon, Assistant Attorney General, of Columbia, and George F. Coleman, Solicitor, of Winnsboro, and Spencer & Spencer, of Rock Hill, for Respondent.

December 7, 1962.

TAYLOR, Chief Justice.

Appellants here are sixty-five Negroes who were arrested March 15, 1960, and convicted by the City of Rock Hill, South Carolina, of the common law offense of breach of peace.

The record reveals that on the day in question all of those arrested were engaged in singing patriotic and religious songs in a loud and boisterous manner in the City of Rock Hill; that the crowd assumed such proportions that it spread...

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