State v. Culbreath

THIS OPINION HAS NO
PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY
PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State, Respondent,

v.

Otis Lee
Culbreath, Appellant.

Appeal from Greenwood County

 Alison Renee Lee, Circuit Court Judge

Unpublished Opinion No.  2008-UP-514

Submitted September 2, 2008 – Filed
September 8, 2008 

AFFIRMED

Chief Attorney Joseph L. Savitz, III, South Carolina Commission on
Indigent Defense, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior
Assistant Attorney General Harold M. Coombs, Jr., all of Columbia, and
Solicitor Jerry W. Peace of Greenwood, for Respondent.

PER CURIAM: Otis Lee Culbreath appeals his conviction for three
counts of kidnapping.  He argues the trial court erred in denying his motion to
quash the indictment on the ground that
it resulted from hearsay testimony of a non-investigating police officer.  We affirm[1] pursuant to Rule 220(b)(2), SCACR, and the following authorities:  State
v. Williams, 301 S.C. 369, 371, 392
S.E.2d 181, 182 (1990) (holding the validity of an indictment is not affected
by the character of evidence considered by the grand jury); State v.
Williams, 263 S.C. 290, 295-96, 210 S.E.2d 298, 301 (1974) (holding an
indictment is not subject to dismissal on the basis it was founded upon hearsay
evidence). 

AFFIRMED.

SHORT,
THOMAS, and PIEPER, JJ., concur.

[1]  Because oral argument would not aid the court in
resolving the issues on appeal, we decide this case without oral argument
pursuant to Rule 215, SCACR.