Ex Parte Swygert

108 S.E. 261, 117 S.C. 94

• Court: Supreme Court of South Carolina
• Decided: July 6, 1921
• Docket: 10699
• Status: Published

Opinions

The opinion of the Court was delivered by

Mr. Justice Cothran.

The constitutionality of Section 147 of the- Criminal Code was directly in issue in the case of State v. McCoobmer, 79 S. C., 63; 60 S. E., 237, and by the solemn adjudication of this Court was unanimously sustained. We are not disposed to reopen the question, particularly as a decision upon the constitutionality of the section is not necessary to a determination of this matter.

The inquest was held in Lexington County; a warrant was issued for the arrest of the petitioner by the coroner of Lexington County; he was arrested under that warrant, and committed to the jail of Lexington County; a petition for a writ of habeas corpus was filed in Lexington County; it was opposed by the Solicitor of the circuit of which Lexington County is a part; an order admitting the petitioner to bail and requiring him to give bond for his appearance at the next term of the Court of General Sessions for Lexington County was signed by a justice of this Court; the bond was accordingly executed by the petitioner, and approved by and filed with the Clerk of Court of Lexington County. The Court of Lexington County has therefore assumed exclusive jurisdiction of the case against the petitioner.

The entire proceedings by which it was sought to arrest the petitioner and hold him to trial in Richland County are annulled and the bond executed by the petitioner under a previous order of three of the Justices of this Court in the present proceeding is directed to be cancelled by the' Clerk of this Court. The Reporter will incorporate in the report of this proceeding the very clear and complete statement of the facts contained in the argument for the petitioner by Mr. Timmerman.

Mr. Chief Justice Gary and Mr. Justice Watts concur.