When it appears from the return of the writ or otherwise that the person is imprisoned on a criminal accusation he shall not be discharged until sufficient notice has been given to the Attorney General or circuit solicitor or other attorney acting for the State, that he may appear and object to such discharge, if he thinks fit.
HISTORY: 1962 Code Section 17-361; 1952 Code Section 17-361; 1942 Code Section 1056; 1932 Code Section 1056; Cr. P. '22 Section 143; Cr. C. '12 Section 125; Cr. C. '02 Section 98; G. S. 2331; R. S. 98.
Structure South Carolina Code of Laws
Title 17 - Criminal Procedures
Section 17-17-10. Persons entitled to writ of habeas corpus.
Section 17-17-20. Forfeiture of entitlement in certain cases.
Section 17-17-30. Authority of judges to grant writs of habeas corpus.
Section 17-17-40. Authority of any two magistrates to grant writs of habeas corpus.
Section 17-17-50. Persons to whom writ shall be directed.
Section 17-17-60. Service of writ.
Section 17-17-70. Handling of prisoner after service of writ; payment of charges; return of writ.
Section 17-17-80. Time within which prisoners must be brought before court.
Section 17-17-90. Granting of writ during term of court.
Section 17-17-110. Granting of writ after adjournment.
Section 17-17-140. Right to appeal from decision on writ.
Section 17-17-150. Person discharged shall not be rearrested or committed for same offense.
Section 17-17-160. Officers shall execute writ.
Section 17-17-170. Penalty for officers neglecting their duty.
Section 17-17-180. Recovery of penalties.