STATE v. ELLISON

No. 3675.

356 S.C. 33 (2003)

586 S.E.2d 596

The STATE, Respondent, v. Jimmy Lee ELLISON, Appellant.

Court of Appeals of South Carolina.

Decided September 15, 2003.


Attorney(s) appearing for the Case

Assistant Appellate Defender Eleanor Duffy Cleary, of SC Office of Appellate Defense, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, Senior Assistant Attorney General Harold M. Coombs, Jr., all of Columbia; and Solicitor Edgar Lewis Clements, III, of Florence, for Respondent.


STILWELL, J.:

In this opinion we must decide whether the circuit court had subject matter jurisdiction to convict Jimmy Lee Ellison of second-degree criminal sexual conduct (CSC) with a minor. We hold the indictment as originally drafted and as amended failed to confer such jurisdiction and vacate Ellison's conviction.

BACKGROUND

Ellison was indicted following an allegation that he raped a 13 year old girl. Both the caption of the indictment and...

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