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Supreme Court of South Carolina· 9/4/2001

State v. Owens

Citations

  • 552 S.E.2d 745
  • 346 S.C. 637
  • 2001 S.C. LEXIS 161

How courts have described this case

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

  • holding the circuit court has subject matter jurisdiction to convict a defendant of an offense where; 1
  • holding that, even though a murder indictment failed to allege the defendant killed the victim with malice aforethought, specific reference in the indictment to the pertinent code section provided the defendant with sufficient notice of the elements of the crime with which he was charged
  • holding the failure to include an element of a statutory offense in the body of an indictment will not invalidate the indictment if specific reference to the statute is made in the body of the indictment
  • holding the failure to include an element of a statutory offense in the body of an indictment will not invalidate the indictment if specific reference to the statute is made in the body of the indictment
  • stating “the res gestae theory recognizes evidence of other bad acts may be an integral part of the crime with which the defendant is charged or may be needed to aid the fact finder in understanding the context in which the crime occurred”
  • court does not have subject matter jurisdiction to convict defendant unless offense is lesser-included offense of crime charged in indictment

Source: CourtListener parenthetical corpus (CC0).

Judges: Burnett, Toal, Moore, Waller, Pleicones

Read full opinion on CourtListener

Cited by

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

Cites

41 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.