Offense shall be prosecuted upon grand jury indictment; exceptions
Applied in 15 court decisions — leading case State v. Gentry (2005)
Most recently applied in Huffman v. Sunshine Recycling, LLC (June 2016)
1962 Code SECTION 17-401; 1952 Code SECTION 17-401; 1942 Code SECTION 995; 1932 Code SECTION 995; Cr
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
No person shall be held to answer in any court for an alleged crime or offense, unless upon indictment by a grand jury, except in the following cases:
(1) when a prosecution by information is expressly authorized by statute;
(2) in proceedings before a police court or magistrate; and
(3) in proceedings before courts martial.
Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.