State v. Harris

Respondent was arrested and charged with assault with intent to ravish. A preliminary hearing was held in the matter at which time the investigating officer read into the record a statement given by the victim. Magistrate Oscar Zobel ruled that probable cause had been shown.

Respondent then moved to be allowed to depose the victim, the motion being granted by Order of Judge Nicholson. Cited as authority for this ruling were Sections 16-73 and 16-74, S. C. Code Ann. (1962). The State appeals from this Order of the lower court. We reverse.

The two statutes in question were first enacted, along…