
    8133
    STATE v. POWELL.
    Magistrate Court—Appeal.—Findings of fact by Circuit Court on appeal from magistrate court, if there is any evidence to support them* are final.
    Before DeVorE, J., Clarendon, Spring term, 1911.
    Affirmed.
    Indictment against S. D. Powell before Magistrate D. J. Bradhtam. Defendant appeals from Circuit order affirming magistrate judgment.
    
      Mr. Charlton DuR.ant, for appellant,
    cites: To convict for failure to perform road duty, what must he shown? Crim. Code 460; Code 1902, 1364, 1352, 1-35-3, 135-5, 1363, 1368. Prosecution must show nonexistence of negative: 20 Am. D-ig. Cen-. Ed. 114, 35, 78, 80; 1 Green. Ev. 45, 104, 106.
    
      Solicitor P. H. Stoll, contra,
    cites: Exceptions relate to questions of fact and are not reviewable here: 38 S. C. 258; 36 S, C. 504; 73 S. C. 71; 71 S. C. 404.
    March 12, 1912.
   The opinion of the Court was- delivered 'by

Mr. Justice Watts.

This case was heard before magistrate Brad'ham on a warrant charging the defendant with failure to perform-, road duty, under1 sec. 46-0- o-f Criminal Code. The defendant was found guilty and sentenced. An appeal was1 taken to- -the Court o-f General- Sessions- and was heard by his Honor, Judge DeV-ore. The- judgment o-f magistrate’s court was- affirmed.

From- this order an appeal was taken to this- Court. Al-l of the exceptions relate to the testimony, and ar-e to the effect that- 'the- State failed to make o-ut its case, and that there was not sufficient testimony on which to- base a verdict, of guilty. This Court has repeatedly held that a finding of fact by the magistrate, affirmed b-y the Circuit Judge, cannot be reviewed by this Court, if there is any evidence to- support it. Seegers Bros. v. Seaboard Air Line Ry., 73 S. C. 83; 52 S. E. 797; 4 L. R. A. (N. S.) 746n; Lewis v. Railroad Co., 78 S. C. 35, 58 S. E. 989. There is- su-ch evidence here.

The judgment of the Circuit Court is- affirmed and case remanded for the purpose o-f executing sentence.

The ChiEE Justice and the other Justices concur in the result.  