State v. Capps

Ness, Justice.

Appellant David Brian Capps appeals from the order denying his motion to quash the indictments and his -conviction for assault and battery with intent to kill and criminal sexual conduct in the first degree. We affirm.

The sole issue is whether the trial court erred in denying appellant’s motion to quash all indictments because the assistant solicitor participated as a witness before the grand jury. We hold it did not.

In Ex Parte McLeod, In Re: Investigation in Charleston Magistrate’s Court, 272 S. C. 373, 252 S. E. (2d) 126 (1979), this Court, in adhering to the rule that grand…