State v. Boyd
Supreme Court of South Carolina
Before Townsend, J., Laurens, July, 1899. Indictment against James Boyd for house-breaking- and larceny. From order quashing indictment, State appeals. The latter cites : Motion to quash- comes too late after pleading: 30 Pac. -R., 891; 35 Pac. R., 710; 37 Pac. R.; 169; 23 S. E. R., 334; 38 S. C., 272.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
The defendant, under indictment for house-breaking and larceny, was arraigned and pleaded not guilty, and then before the jury was sworn, moved to quash the indictment on the grounds that one of the grand jurors who passed upon the. indictment was related to the prosecuting witness, and that the said grand juror was not disinterested. The Circuit Judge, after hearing the evidence submitted, quashed the indictment, notwithstanding the objection by the solicitor that the motion to quash came too late, after the plea of not guilty. The…
2Cases cited1 opinion
- State v. . SharpSupreme Court of North Carolina · 1892
3Cited by4 opinions
- State v. RectorSupreme Court of South Carolina · 1930
- State v. HannSupreme Court of South Carolina · 1940
- State v. SmallsSupreme Court of South Carolina · 1906
- State v. AmburgeySupreme Court of South Carolina · 1945