State v. Oxendine

Appellant was convicted of possession with intent to distribute and distribution of obscene matter and sentenced to imprisonment for a period of one (1) year. He asserts that the trial judge committed error in denying his motion to suppress evidence and his motion to dismiss charges. Both of these motions were based upon the ground that the .State had failed to comply with the preliminary hearing requirement of § 16-414.7(d), S. C. Code Ann. (1962), as amended.

We think the language in § 16-414.7(d) makes it absolutely clear that the preliminary hearing requirement is applicable only where the…