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STATE v. CULBREATH

22128

282 S.C. 38 (1984)

316 S.E.2d 681

The STATE, Respondent, v. Arnold CULBREATH, Appellant.

Supreme Court of South Carolina.

June 7, 1984.

Attorney(s) appearing for the Case

Asst. Appellate Defender Tara D. Shurling, Columbia, for appellant.

Atty. Gen. T. Travis Medlock, Retired Atty. Gen. Daniel R. McLeod, and Asst. Atty. Gen. Harold M. Coombs, Jr., Columbia, and Sol. Robert J. Harte, Aiken, for respondent.

June 7, 1984.

LEWIS, Acting Associate Justice:

The question to be decided in this case is whether Circuit Court Rule 95, requiring a solicitor to take action on a warrant within ninety (90) days after its receipt by him, is jurisdictional so as to deprive the court of jurisdiction in cases where the solicitor fails to act within the ninety (90) day period. The rule itself is silent on the question. The trial judge refused to quash the indictment in this case...

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