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State v. Evans

Citations

  • 415 S.E.2d 816
  • 307 S.C. 477
  • 1992 S.C. LEXIS 73

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that in the absence of an indictment by the grand jury or a valid waiver of presentment of an indictment, the circuit court lacks jurisdiction over an offense
  • finding this right is a personal privilege of the accused and is not jurisdictional; therefore, it can be waived
  • valid indictment or waiver of presentment prerequisite for circuit court's subject matter jurisdiction
  • valid indictment or waiver of presentment prerequisite for circuit court’s subject matter jurisdiction
  • The trial court’s “determination of the voluntariness of a statement will not be disturbed unless so manifestly erroneous as to show an abuse of discretion amounting to an error of law.”
  • “[I]n the absence of an indictment by the grand jury . . . or a valid waiver of presentment of indictment, the circuit court lacks subject matter jurisdiction over the offense.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Gregory, Per Curiam

Read full opinion on CourtListener

Cited by

17 cases in this archive cite this case.

Cites

9 cases in this archive are cited by this case.

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.