Every objection to any indictment for any defect apparent on the face thereof shall be taken by demurrer or on motion to quash such indictment before the jury shall be sworn and not afterwards.
S.C. Code Ann. § 17-19-90
Objections to defects in indictments
Applied in 14 court decisions — leading case State v. Gentry (2005)
Most recently applied in Roberts v. State (April 2014)
1962 Code SECTION 17-409; 1952 Code SECTION 17-409; 1942 Code SECTION 1004; 1932 Code SECTION 1004; Cr
How often courts cite this section
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.
Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.