State v. Green

Citations

• 52 S.C. 520
• 30 S.E. 683
• 1898 S.C. LEXIS 116

Syllabus

<p>1. Pdeadings — Indictment—Judge oe Probate. — An indictment against a judge of probate, under Crim. Code, 308, should charge a wilful failure or neglect of duty. Construing Crim. Code, secs. 305 and 308.</p> <p>2. Judicial Notice. — This Court will take judicial notice of the jurisdiction conferred by law on a judge of probate, and also of the territorial limits of his jurisdiction.</p> <p>3. Pleadings — Indictment—Public Guardian. — An indictment alleging that certain estates were in the hands of a judge of probate as public guardian, necessarily implies that they are the property of minors, lunatics or idiots, although it alleges the estates to be those of decedents.</p> <p>4. Judge of Probate — Impeachment—Criminal Raw. — The Constitution does not require the impeachment of a judge of probate as a condition precedent to indictment for failure to perform official duties.</p> <p>5. Public Guardian — Two Offices. — The office of public guardian is only a new duty imposed on the judge of probate by the General Assembly, under authority of the Constitution.</p>