Supreme Court of South Carolina May 15, 1820 (State v. Wakely)

The opinion of the Court was delivered by

Kichardson, J.

The grounds suggested for a writ of prohibition are

1. That the captain of a militia company cannot order a Court Martial.

2. That the sentence of the Court must be approved by some officer ordering the Court.

3. That a militia man has a right to send a substitute.

This Court is of opinion, that none of these grounds are tenable.