State v. McClure

Littlejohn, Justice:

The issue herein is whether the trial judge properly dismissed an indictment against defendant Donnie McClure by finding that McClure had been denied his right to a preliminary hearing.

In 1979, McClure began serving a thirty-year sentence at the South Carolina Department of Corrections. On March 27, 1980, while incarcerated at the Kirkland Correctional Institution in Richland County, he was served with an arrest warrant charging him with attempting to escape.1 He was indicted by the grand jury in July, 1980.

On March 9, 1981 (approximately one year after arrest), McClure…