State v. Williams

Citations

• 35 S.C. 160
• 14 S.E. 309
• 1892 S.C. LEXIS 128

Syllabus

<p>1. Habeas Corpus Act — Demand for Trial. — A person imprisoned under a charge of felony, and demanding in open court during the first week of the term next succeeding his commitment that he be brought to trial, has the right to hail, if not then indicted, unless it appear to the judge by oath that the witnesses for the State cannot be produced at that term.</p> <p>2. Ibid. — Ibid.—At the second term, such prisoner shall be discharged from his imprisonment without bail (hut not from further prosecution), if during the first week, he demand his trial and be not tried during the term ; but he is not entitled to such discharge unless he make it appear to the court that he is in custody.</p> <p>3. Ibid. — Ibid.—A prisoner charged with arson failed to procure bail and was committed to jail. At the first term thereafter, defendant 'was indicted and demanded a trial, but the case was continued on the State's motion. At the second term his counsel again demanded a trial, whereupon he was called but did not answer and his name was not on the sheriff’s list of prisoners in jail. Held, that the prisoner was not entitled to a discharge from his imprisonment because he had not made it to appear that he was in custody, and the trial judge erred in referring it to a referee to inquire where the prisoner was.</p>