| Appellant James Harrison, a former state legislator, was convicted and sentenced to eighteen months' imprisonment in a public corruption probe. The case was prosecuted by David Pascoe, Solicitor of the First Judicial Circuit, who was serving as the acting Attorney General. As recognized in prior case law, Solicitor Pascoe's authority to pursue the corruption probe was bestowed on him by South Carolina's then-current Attorney General, Alan Wilson. Appellant contended Solicitor Pascoe's authority did not grant the solicitor the power to investigate or prosecute Appellant. Conversely, Solicitor Pascoe dismissed any suggestion that his authority was limited, contending he had the authority to prosecute public corruption wherever the investigation led. The South Carolina Supreme Court determined Solicitor Pascoe had the authority to prosecute Appellant for perjury, but did not have the authority to prosecute Appellant for misconduct in office. Consequently, the Court affirmed Appellant's conviction and eighteen-month sentence for perjury, but reversed the statutory and common law misconduct in office charges, and remanded to the presiding judge of the State Grand Jury for further proceedings. |
