Procedure for Motion to Quash Indictment
In a recent SC Supreme Court case, State v. Massey, the Court addressed the issue of a motion to quash an indictment as well as the elements of burglary.
The defendant was charged with Burglary 1st for breaking into an "outbuilding" which was within close proximity to a dwelling. Before the jury was sworn in, the defense made a motion to dismiss (quash the indictment) because the "outbuilding" did not fit the statutory definition of a dwelling that is required for Burglary 1st. The judge held a pre-trial hearing about the dwelling and ultimately quashed the indictment. The Court held that a motion to quash should be based on legal issue with the indictment, not a factual issue. Because it was a factual issue, the trial should have taken place, then the defense should have moved for a directed verdict based on the factual issue.
The Court explained the procedure for a motion to quash an indictment:
***This is not legal advice***