South Carolina § 17-23-90 Indictment and trial of persons committed for treason or felony; consequences of failure to indict.

South Carolina Statutes

§ 17-23-90 — Indictment and trial of persons committed for treason or felony; consequences of failure to indict.

South Carolina § 17-23-90

Title 17CRIMINAL PROCEDURES

Ch. 23PLEADING AND TRIAL

This text of South Carolina § 17-23-90 (Indictment and trial of persons committed for treason or felony; consequences of failure to indict.) 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. § 17-23-90 (2026).

Text

If any person committed for treason or felony, plainly and specially expressed in the warrant of commitment, upon his prayer or petition in open court the first week of the term to be brought to his trial shall not be indicted some time in the next term after such commitment, the judge of the circuit court shall, upon motion made in open court the last day of the term either by the prisoner or anyone in his behalf, set at liberty the prisoner upon bail, unless it appear to him, upon oath made, that the witnesses for the State could not be produced at the same term. And if any person committed as aforesaid, upon his prayer or petition in open court the first week of the term to be brought to his trial, shall not be indicted and tried the second term after his commitment or upon his trial sh

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If any person committed for treason or felony, plainly and specially expressed in the warrant of commitment, upon his prayer or petition in open court the first week of the term to be brought to his trial shall not be indicted some time in the next term after such commitment, the judge of the circuit court shall, upon motion made in open court the last day of the term either by the prisoner or anyone in his behalf, set at liberty the prisoner upon bail, unless it appear to him, upon oath made, that the witnesses for the State could not be produced at the same term. And if any person committed as aforesaid, upon his prayer or petition in open court the first week of the term to be brought to his trial, shall not be indicted and tried the second term after his commitment or upon his trial shall be acquitted, he shall be discharged from his imprisonment.

Legislative History

HISTORY: 1962 Code SECTION 17-509; 1952 Code SECTION 17-509; 1942 Code SECTION 1048; 1932 Code SECTION 1048; Cr. P. '22 SECTION 135; Cr. C. '12 SECTION 117; Cr. C. '02 SECTION 90; G. S. 2323; R. S. 90; 1679 (1) 119.