State v. McKettrick

Citations

• 14 S.C. 346
• 1880 S.C. LEXIS 135

Syllabus

<p>1. The punishment for both grades of 'assault and battery being now prescribed by statute, all indictments for this offence must conclude contra formam statuti.</p> <p>2. Trial justices have exclusive jurisdiction of assaults and batteries which are not of a high and aggravated nature.</p> <p>3. Courts of General Sessions have exclusive jurisdiction of assaults and batteries of a high and aggravated nature; but to give jurisdiction the aggravation must be set forth in the indictment more specifically than in the technical terms usual at common law.</p> <p>4. If a trial justice determines that a case of assault and battery brought before hint is beyond his jurisdiction, and binds the defendant over to the Court of General Sessions, such determination of the grade of the offence is not conclusive upon the higher court.</p>