State v. Simmons

• Citation: 4 S.C. 72
• Parties: STATE v. SIMMONS.
• Decision Date: 03 January 1873
• Court: South Carolina Supreme Court

4 S.C. 72

STATE v. SIMMONS.

Supreme Court of South Carolina.

January 3, 1873

The Court of General Sessions being vested by the Constitution Article IV, Section 18, with " exclusive jurisdiction over all criminal cases which shall not be otherwise provided for by law," the Legislature cannot vest in an Inferior Court " exclusive original jurisdiction of all criminal causes less than capital." The Court of General Sessions retains its jurisdiction, notwithstanding the terms of the Act.

BEFORE GRAHAM, J., AT CHARLESTON, NOVEMBER TERM, 1872.

These were separate indictments against Cain Simmons, Jack Drayton and Solomon Lyons, for murder. The verdict in each case was " guilty of manslaughter." The only point of law involved in the appeal is fully stated in the opinion of the Court.

Chamberlain and Seabrook , for appellant, relied upon The State vs. Garner , 14 Rich 143, and The State vs. Ellison 14 Rich. 199; they also cited Harris vs. Oberly , 1 Rice Dig., 187; Brigh. Dig., 507.

Buttz , Solicitor, contra:

The Constitution, Article IV, Section 18, provides that " the Court of General Sessions shall have exclusive jurisdiction over all criminal cases which shall not be otherwise provided for by law." Under this provision the Legislature may confer upon an Inferior Court equal or concurrent jurisdiction with the Court of General Sessions, but not exclusive jurisdiction. It follows that the Act of 1872, so far as it attempts to confer upon the Inferior Criminal Court of Charleston exclusive jurisdiction in all cases less than capital is void. Notwithstanding the term " exclusive," the Court of General Sessions retains the jurisdiction vested in it by the Constitution, and the jurisdiction of the two Courts in cases less than capital is concurrent.

OPINION

MOSES C. J.

The three cases are separate and distinct, but the points to be settled by the appeals are identically the same.

By the 1st Section of the 4th Article of the Constitution, the judicial power of the State is " vested in a Supreme Court, in two Circuit Courts, to wit: A Court of Common Pleas, having civil jurisdiction, and a Court of General Sessions, with criminal jurisdiction only; in Probate Courts, and in Justices of the Peace. The General Assembly may also establish such municipal and other Inferior Courts as may be deemed necessary."

By the 18th Section of the same Article it is ordained that " the Court of General Sessions shall have exclusive jurisdiction over all criminal cases which shall not be otherwise provided for by law."

The Act of March 13th, 1872, (No. 145), 15 Stat. 187, establishes " in the County of Charleston an Inferior Court for the trial of criminal cases, to be called the Criminal Court of Charleston County, and which shall be organized by the Judge thereof immediately after his election." The 4th Section provides that " the Criminal Court shall have exclusive appellate jurisdiction of all criminal causes from the Courts of Trial Justices for Charleston County, and exclusive original jurisdiction of all criminal causes less than capital, and not at present conferred by law upon the Courts of Trial Justices."

At the November Term, 1872, of the General Sessions of the County of Charleston, the three defendants were separately indicted for the crime of murder, and in each case the jury returned a verdict of " guilty of manslaughter." They moved the Judge in arrest of judgment, " That the General Assembly, having declared by Act that the Criminal Court for Charleston County shall have exclusive original jurisdiction of all offenses less than capital, this Court has no more right to administer punishment upon a conviction therein had for manslaughter than it has to hear, try and determine an indictment for this offense." The motion was overruled, and a reversal of the judgment is asked here, on the ground taken in the Court below.

The question involves the constitutionality of the Act of 1872 so far as it provides for the exclusive jurisdiction by the Inferior Court, " of all criminal causes less than capital," and must be determined by the construction which may be given to the words, " which shall not be otherwise provided for by law." Do they so qualify the power conferred on the Court...