Ex parte Schmidt

Citations

• 24 S.C. 363
• 1886 S.C. LEXIS 46

Syllabus

<p>1. Certiorari from the Court of Common Pleas goes to an inferior tribunal to keep it within the scope of its powers, if not to correct errors of law, but certainly not to correct errors of fact.</p> <p>2. The offence charged and the punishment imposed in this case were within the terms of an ordinance of the city of Columbia, passed pursuant to powers granted by charter, and such ordinance, which was a local regulation for this city, was not repealed by section 1739 of the General Statutes, which is a provision in the general license law applicable to the whole State; nor is the offence of “being drunk and disorderly” under the ordinance identical with that of “drunk or grossly intoxicated” prohibited by the statute.</p> <p>3. Articles 5 and 6 of the amendments to the Constitution of the United States impose no restrictions upon legislation by the States.</p> <p>4. Offences against city ordinances need not be prosecuted by indictment nor tried by a jury.1</p>