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TOWN OF MOUNT PLEASANT v. CHIMENTO

No. 27197.

401 S.C. 522 (2012)

737 S.E.2d 830

TOWN OF MOUNT PLEASANT, Appellant, v. Robert L. CHIMENTO, Scott Richards, Michael Williamson, Jeremy Brestel and John T. Willis, Respondents.

Supreme Court of South Carolina.

Decided November 21, 2012.

Rehearing Denied January 10, 2013.

Attorney(s) appearing for the Case

Attorney General Alan McCrory Wilson , Chief Deputy Attorney General John W. McIntosh , Deputy Attorney General Robert D. Cook , Senior Assistant Attorney General C. Havird Jones, Jr. , and Assistant Attorney General Mary Frances Jowers , all of Columbia, for Appellant.

Jeffrey Alton Phillips , of Travelers Rest, and William W. Wilkins and Kirsten E. Small , both of Nexsen Pruet, of Greenville, for Respondents.

James W. Sheedy , of Driscoll Sheedy, of Rock Hill, and Thomas C. Goldstein , of Washington, for Amicus Curiae.

Justice PLEICONES:

Respondents were convicted in municipal court of violating S.C.Code Ann. § 16-19-40(a) (2003) which makes it unlawful to "play ... in any house used as a place of gaming ... any game with cards ...." after they were found playing Texas Hold'em and gambling in a residence leased by Nathan Stallings.1 On appeal, the circuit court reversed respondents' convictions finding they were entitled to directed verdicts or...

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