State v. Simmons

The appellants were convicted in absentia of night hunting at the January 1982 term of the Court of General Sessions for Beaufort County. They then made timely motions for a new trial, alleging they were afforded no notice that the grand jury true billed an indictment against them or that their case had been scheduled for trial. After a hearing, the motions were denied. The issue on appeal is whether the lower court erred in finding that the appellants were afforded notice that they were to be tried at the January 1982 term of court. We reverse and remand for a new trial because the lower…