State v. Smalls
Supreme Court of South Carolina
Before Rice, J., Charleston, February, 1914. The defendant, Allen Smalls, convicted, under an indictment for arson, and sentenced to imprisonment for ten years, appeals.
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Before Rice, J., Charleston, February, 1914. The defendant, Allen Smalls, convicted, under an indictment for arson, and sentenced to imprisonment for ten years, appeals. The facts are stated in the opinion. submit: A solicitor pro tempore, appointed by the Court under Const., art. V, sec. 29, is confined to the prosecution of cases in which the grand jury have found indictments on bills submitted by the legally elected and commissioned officer; and cite 2 S. C, 263, charge on facts prejudiced and deprived defendant of free and untrammelled consideration of his defense of alibi: 85 S. C. 277;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
1 The defendant was indicted for 'arson, charged with burning a. ginhouse. The case was called for trial before his Honor, Judge Rice, and a jury. A motion was made to quash the indictment on the ground that it was signed by F. F. Herndon, acting solicitor, and not by the duly elected and qualified solicitor of that circuit, the contention being that the indictment was void ab initio there being no such officer as acting solicitor, and there was no vacancy in said office of solicitor, and the appointment could only be made as provided…
2Cited by9 opinions
- State v. LyleSupreme Court of South Carolina · 1923
- Lakey v. StateSupreme Court of Alabama · 1952
- State v. GauthierOregon Supreme Court · 1925
- State v. RosenbaumUtah Supreme Court · 1969
- State v. MahaffeySupreme Court of South Carolina · 1923
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