South Carolina § 17-19-40 Special count for carrying concealed weapons in case of murder and certain other crimes; jurisdiction.

South Carolina Statutes

§ 17-19-40 — Special count for carrying concealed weapons in case of murder and certain other crimes; jurisdiction.

South Carolina § 17-19-40

Title 17CRIMINAL PROCEDURES

Ch. 19INDICTMENTS

This text of South Carolina § 17-19-40 (Special count for carrying concealed weapons in case of murder and certain other crimes; jurisdiction.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 17-19-40 (2026).

Text

In every indictment for murder, manslaughter, assault and assault and battery of a high and aggravated nature and assault and assault and battery with intent to kill and in every case when the crime is charged to have been committed with a deadly weapon of the character specified in Section 16-23-460, there shall be a special count in the indictment for carrying concealed weapons and the jury shall be required to find a verdict on such special count. All cases embraced in this section, including the carrying of the weapons, shall be in the exclusive jurisdiction of the court of general sessions, except in cases where other courts have been given concurrent jurisdiction.

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In every indictment for murder, manslaughter, assault and assault and battery of a high and aggravated nature and assault and assault and battery with intent to kill and in every case when the crime is charged to have been committed with a deadly weapon of the character specified in Section 16-23-460, there shall be a special count in the indictment for carrying concealed weapons and the jury shall be required to find a verdict on such special count. All cases embraced in this section, including the carrying of the weapons, shall be in the exclusive jurisdiction of the court of general sessions, except in cases where other courts have been given concurrent jurisdiction.

Legislative History

HISTORY: 1962 Code SECTION 17-404; 1952 Code SECTION 17-404; 1942 Code SECTION 1008; 1932 Code SECTION 1008; Cr. P. '22 SECTION 94; Cr. C. '12 SECTION 159; Cr. C. '02 SECTION 131, 1897 (22) 427; 1972 (57) 2235. Editor's Note 2010 Act No. 273, SECTION 7.C, provides: "Wherever in the 1976 Code of Laws reference is made to the common law offense of assault and battery of a high and aggravated nature, it means assault and battery with intent to kill, as contained in repealed Section 16-3-620, and, except for references in Section 16-1-60 and Section 17-25-45, wherever in the 1976 Code reference is made to assault and battery with intent to kill, it means attempted murder as defined in Section 16-3-29."