Upon the defendant's signing the waiver of presentment and the plea of guilty the clerk of court shall deliver the indictment to the sheriff or one of his duly authorized deputies whose duty it shall be to appear before the resident judge of the circuit or presiding judge therein at some convenient time and place, having with him the defendant. And upon the defendant's acknowledging his plea before the judge the judge shall sentence the defendant as though the indictment had been presented by the grand jury and the plea of the defendant taken at the regular term of the court of general sessions of the county in which the case arose. Provided, however, that in the event the defendant is charged with a felony, the acknowledgement by the defendant of his plea and the sentencing by the judge shall take place only in open court and shall not take place in chambers.
HISTORY: 1962 Code Section 17-512; 1952 Code Section 17-512; 1942 Code Section 1022-1; 1939 (41) 215; 1977 Act No. 206 Section 3.
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.