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STATE v. WILKES

No. 3355.

346 S.C. 67 (2001)

550 S.E.2d 332

The STATE, Respondent, v. Leroy WILKES, Appellant.

Court of Appeals of South Carolina.

Decided June 11, 2001.

Rehearing Denied August 23, 2001.

Attorney(s) appearing for the Case

Chief Attorney Daniel T. Stacey and Assistant Appellate Defender Eleanor Duffy Clearly, both of SC Office of Appellate Defense, of Columbia, for appellant.

Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Robert E. Bogan, Assistant Attorney General Melody J. Brown, all of Columbia; and Solicitor John R. Justice, of Chester, for respondent.

SHULER, Judge.

Leroy Wilkes appeals his convictions for assaulting two correctional facility employees, arguing the indictments did not confer subject matter jurisdiction on the trial court.1 We agree and vacate.

With limited exceptions, "[n]o person may be held to answer for any crime the jurisdiction over which is not within the magistrate's court, unless on a presentment or indictment of a grand jury of the county where the...

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