Supreme Court of South Carolina

The State, Respondent v. Ricky Dennis Gentry, Appellant

March 7, 2005363 S.C. 93

Summary

The court held that an indictment's alleged omission of an offense element concerns indictment sufficiency, not subject matter jurisdiction, and must be challenged before the jury is sworn. It affirmed the accessory convictions because conflicting evidence supported submitting whether Gentry was absent from the crime scene to the jury, and because illegal narcotics may constitute property subject to armed robbery when the State proves value. Justice Pleicones, dissenting, would have treated presentment as jurisdictional and would have directed verdicts based on Gentry's presence at the scene.