State v. Barbee

Decision Date01 March 1984
Docket NumberNo. 22052,22052
Citation313 S.E.2d 297,280 S.C. 328
CourtSouth Carolina Supreme Court
PartiesThe STATE, Appellant, v. Lonnie BARBEE, Respondent.

Asst. Sol. Alan M. Tewkesbury, Jr., Spartanburg, for appellant.

Stephen J. Henry, Greenville, for respondent.

PER CURIAM:

This case comes before us on appeal from the circuit court's decision reversing and remanding respondent's conviction by jury in magistrate's court.

On appeal to the circuit court, the magistrate did not file a record of the trial proceedings as required by S.C.Code Ann. § 18-3-40 (1976) but furnished only taped recordings of the testimony. The circuit court without benefit of a record held respondent had been denied voir dire.

It was clearly error for the circuit court to hear the appeal in the absence of a record filed by the magistrate pursuant to S.C.Code Ann. § 18-3-40 (1976). The burden was on respondent as the party appealing below to obtain the magistrate's compliance by mandamus if necessary. State v. Eaves, 260 S.C. 523, 197 S.E.2d 282 (1973); State v. Adams, 244 S.C. 323, 137 S.E.2d 100 (1964).

The order of the circuit court is reversed. Respondent has ten days from issuance of this opinion to require the magistrate to file his record with the circuit court in compliance with section 18-3-40.

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9 cases
  • State v. Osborne
    • United States
    • South Carolina Supreme Court
    • May 3, 1999
    ...contained in an appellate order instead of restricting itself to the facts contained in the magistrate's return. See State v. Barbee, 280 S.C. 328, 313 S.E.2d 297 (1984) (magistrate's return is official record of trial proceedings); State v. Adler, 278 S.C. 66, 292 S.E.2d 185 (1982) (circui......
  • Joyner v. Glimcher Properties
    • United States
    • South Carolina Court of Appeals
    • June 27, 2002
    ...has stated that the appellant has a burden to obtain the magistrate's compliance by mandamus, if necessary. See State v. Barbee, 280 S.C. 328, 329, 313 S.E.2d 297, 298 (1984); State v. Eaves, 260 S.C. 523, 524-25, 197 S.E.2d 282, 283 (1973); State v. Adams, 244 S.C. 323, 326, 137 S.E.2d 100......
  • City of Rock Hill v. Thompson
    • United States
    • South Carolina Supreme Court
    • March 11, 2002
    ...instance, this Court has recognized that mandamus may lie to compel a judicial officer to perform a ministerial duty. State v. Barbee, 280 S.C. 328, 313 S.E.2d 297 (1984) (suggesting defendant could compel magistrate by mandamus to file record of proceedings with the circuit court). Similar......
  • Barr v. Board of Trustees of Clarendon County School Dist. No. 2
    • United States
    • South Carolina Court of Appeals
    • June 7, 1995
    ... ... 1 Barr's contract with the Board is in the form approved by the State Board of Education on December 8, 1972. The contract incorporates pertinent "laws of South Carolina and [the] administrative rules and regulations" ... ...
  • Request a trial to view additional results
3 books & journal articles
  • 28 Mandamus, Writ of
    • United States
    • Elements of Civil Causes of Action (SCBar) (2015 Ed.)
    • Invalid date
    ...111 S.C. 205, 97 S.E. 58 (S.C. 1918) (mandamus to compel probate judge to issue permit to import liquor). Note State v. Barbee, 280 S.C. 328, 313 S.E.2d 297 (S.C. 1984) (burden was on respondent as party appealing to obtain magistrate's compliance with statutory requirement to file record o......
  • A. Definition
    • United States
    • Elements of Civil Causes of Action (SCBar) 29 Mandamus, Writ of
    • Invalid date
    ...111 S.C. 205, 97 S.E. 58 (S.C. 1918) (mandamus to compel probate judge to issue permit to import liquor). Note State v. Barbee, 280 S.C. 328, 313 S.E.2d 297 (S.C. 1984) (burden was on respondent as party appealing to obtain magistrate's compliance with statutory requirement to file record o......
  • D. Defenses
    • United States
    • Elements of Civil Causes of Action (SCBar) 29 Mandamus, Writ of
    • Invalid date
    ...delay amounting to laches." [171] Joyner v. Glimcher Props., 356 S.C. 460, 589 S.E.2d 762 (Ct. App. 2002). See also State v. Barbee, 280 S.C. 328, 313 S.E.2d 297 (S.C. 1984) (where on appeal to circuit court, magistrate did not file record of trial proceedings as required by statute, but fu......

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