State v. Cook

Decided February 14, 1837

Court of Appeals of South Carolina · decided 1837-02-14

Tried before his Honor Judge Bat, at Charleston, October Term, 1836. Judge’s Report. — In each of these cases, which came before meat the Charleston Sessions, October Term, I8ü6,1 directed the indictment to be quashed, on the ground, that the names of the grand jurors were not set forth in the indictment, nor any specification of an offence on the docket, of any kind or nature whatever.

Decided 1837-02-14

Mr. Justice O'Neaix

¶1delivered the opinion of the court.

¶2The ground upon which the indictments were quashed in these cases, has been again and again ruled in this State, to constitute no valid exception to a indictment. Indeed it is no longer to be regarded, as a question on which argument is to be hoard; or th® bench is to be expected to assign reasons for a judgment upon it.

¶3The motion to reverse the several orders to quash the indictments, agd to restore the cases to the docket, is granted.

¶4JOHN B, G’NEALL.

*236Filed 14th February, 1837.

¶5We concur,

RICHARD SANTT,J. S IliCHAiiDfcJON,JOSJAH J. EVANS.4. P. BUTLER.