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State v. Gentry

Citations

  • 610 S.E.2d 494
  • 363 S.C. 93
  • 2005 S.C. LEXIS 69

How courts have described this case

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

  • holding that issues related to subject matter jurisdiction may not be waived and may be raised at any time
  • holding that presentment of an indictment is not needed to confer subject matter jurisdiction, but an indictment is needed to give notice to the defendant of the charge against him
  • holding that indictments’ failure to allege the element of “absence from the scene of the crime” deprived the trial court of subject matter jurisdiction to hear accessory before the fact charges was not preserved for review on appeal
  • holding that indictments’ failure to allege the element of “absence from the scene of the crime” deprived the trial court of subject matter jurisdiction to hear accessory before the fact charges was not preserved for review on appeal
  • explaining that challenging the sufficiency of an indictment does not raise the issue of subject matter jurisdiction
  • holding a challenge to the indictment on the ground of insufficiency must be made before the jury is sworn

Source: CourtListener parenthetical corpus (CC0).

Judges: Moore, Pleicones, Toal, Waller, Burnett

Read full opinion on CourtListener

Cited by

103 cases in this archive cite this case; the 20 most cited are listed.

Cites

59 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

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.