State v. Grant
Citation | 12 S.E. 1070,34 S.C. 109 |
Parties | State v. Grant et al. |
Decision Date | 19 March 1891 |
Court | United States State Supreme Court of South Carolina |
Assault—Jurisdiction—Indictment.
An indictment for assault and battery, in order to give the court of general sessions in South Carolina jurisdiction, must charge an assault of a high and aggravated character; and one simply charging that defendant, " with force and arms, " "did make an assault, " and "in the dwelling-house" of the assaulted person "did beat, wound, and ill treat" him, is insufficient to give the court jurisdiction.
Appeal from common pleas circuit court of Beaufort county; Aldrich, Judge.
W. J. Whipper and S. J. Lee, for appellants.
W. P. Murphy, for the State.
This was an indictment for assault and battery of a high and aggravated nature, and came on to be tried at the September term, A. D. 1890, of the court of general sessions for Beaufortcounty, before Mr. Justice Aldrich and a jury. The indicment charged as follows: After a jury had been impaneled and a witness sworn the defendants demurred to the indictment on the grounds stated in their exceptions. The demurrer was overruled, and, after the evidence was taken, and argument and charge of his honor, the defendants were convicted, and sentenced each to pay a fine of $250, or be imprisoned for a term of one year in the state penitentiary. The defendants, on the 6th day of September, 1890. served the following notice of appeal and excep tions: ...
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State v. Simms, Appellate Case No. 2013–001219.
...circuit court and magistrates' court for criminal breaches of the peace, a division created by 1870 Act No. 288. E.g., State v. Grant, 34 S.C. 109, 12 S.E. 1070 (1891).That our law retains the principle that persons whose criminal offense breaches the peace in a “high and aggravated” manner......
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State v. Young
...lower Court, objection to the jurisdiction of the subject matter may be taken advantage of at any stage of the proceeding. State v. Grant, 34 S.C. 109, 12 S.E. 1070. The original record filed in this Court did not contain a copy of the indictment. Upon motion of the appellant we permitted s......