Upon receipt by the solicitor of the warrant forwarded to him pursuant to the provisions of Section 17-23-120, he may forthwith prepare a formal indictment as now provided by law in such cases and shall return it to the clerk of court. The clerk of court shall then notify the sheriff or one of his duly authorized deputies to bring the defendant before the clerk at a time and place to be stated in the notice at which time the clerk shall have the defendant sign a waiver of the presentment by the grand jury and his plea of guilty; provided, that no plea shall be entered or made under this section except by and with the consent of the solicitor of the circuit after investigation by such solicitor.
HISTORY: 1962 Code Section 17-511; 1952 Code Section 17-511; 1942 Code Section 1022-1; 1939 (41) 215; 1977 Act No. 206 Section 2.
Structure South Carolina Code of Laws
Title 17 - Criminal Procedures
Chapter 23 - Pleading And Trial
Section 17-23-10. Plea of autrefois acquit or convict.
Section 17-23-20. Double jeopardy after trial in municipal or magistrates court.
Section 17-23-30. Permitting second indictment and trial for same offense.
Section 17-23-40. Nolo contendere in misdemeanor cases.
Section 17-23-50. Traverse of indictment is not a continuance.
Section 17-23-80. Manner by which persons who have been indicted may be convicted.
Section 17-23-100. Right to object to charge or request additional charge out of presence of jury.
Section 17-23-110. Circuit courts may grant new trials.
Section 17-23-120. Immediate disposition of certain misdemeanors or felonies; application to clerk.
Section 17-23-160. Notice of right to preliminary hearing; form for request.
Section 17-23-162. Presence of affiant or arresting officer to testify at preliminary hearing.