Legal Opinion

State v. Addison

Supreme Court of South Carolina

Decided April 24, 1871PublishedCited by 1 opinion

Before PLATT, J., at Edgefield, February Term, 1870. Appeal by the State from certain orders made by the Circuit Judge in this case, which was a prosecution for murder. Before bill found, Mr. Gary, acting for the Solicitor, wh'o was absent, moved, on behalf of the State, that the venue bo changed. This motion His Honor refused to hear, on the ground that the bill had not been found.

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Before PLATT, J., at Edgefield, February Term, 1870. Appeal by the State from certain orders made by the Circuit Judge in this case, which was a prosecution for murder. Before bill found, Mr. Gary, acting for the Solicitor, wh'o was absent, moved, on behalf of the State, that the venue bo changed. This motion His Honor refused to hear, on the ground that the bill had not been found. A true bill was afterwards found, and, thereupon, the motion was renewed, and again refused upon three grounds: (1.) That issue had not been joined, and the motion could not be heard before the prisoner had…

1Opinion of the Court

The opinion of the Court was delivered by

Moses, C. J.

The first ground of appeal submits that the Circuit Judge erred in deciding that, before a motion could be entertained to change the venue, where the party had been arrested on a warrant for homicide, a bill must be found.

A prosecution for same purposes may be said to have commenced at the time of the complaint; for others, at the issuing of the vrar-*361rant and arrest of the defendant; and still for others, at the finding of a bill by the grand jury.

“ The complaint made to a Magistrate is a commencement of a prosecution sufficient to arrest…

2Cases cited1 opinion

  1. Delavan v. BaldwinNew York Supreme Court · 1805

3Cited by1 opinion

  1. In Re Toga Manufacturing Ltd.United States Bankruptcy Court, E.D. Michigan · 1983

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