State v. Vaughn

Decided March 15, 1824

Supreme Court of South Carolina · decided 1824-03-15

IN this case, the defendant was indicted for hog stealing. It appeared that the bill was found against him two years after the offence was committed. He therefore contended that the prosecution was barred by the lapse of time. The solicitor produced the warrant on which he had been taken, and which had been issued in less than six months after the commission of the offence. But the warrant was not sealed.

Decided 1824-03-15

¶1The opinion of the court was delivered by

Mr. Justice Huger.

¶2Formerly, seals appear to have been regarded with more respect than they are at present. 'When the art of writing was confined to a few, seals were used to designate persons; but now that writing has become common, the person is identified by the hand writing, and seals are seldom used but to give character to the instrument. There appears to be no reason why the official act of a magistrate should be under seal, as it derives its character from the law which prescribes it. Should a statute prescribe a seal, it must be followed; but where no such re- uisite is prescribed, it is unnecessary: (1 hitty, Crim. Law 38.) The motion therefore must be dismissed.

JVott, Johnson, Gantt, Richardson, Justice concurred»