State v. Eaves, 19640
| Decision Date | 19 June 1973 |
| Docket Number | No. 19640,19640 |
| Citation | 260 S.C. 523,197 S.E.2d 282 |
| Court | South Carolina Supreme Court |
| Parties | The STATE, Appellant, v. Stanley Morris EAVES, Respondent. The STATE, Appellant, v. Willie Preston KERSHAW, Jr., Respondent (two cases). |
Atty. Gen. Daniel R. McLeod and Asst. Attys. Gen. Walter Davies Merry, III, Hulan A. Small, Jr., and Hutson S. Davis, Columbia, for appellant.
John D. Long, III, Union, for respondents.
These two cases were combined for appeal, both of them arising out of Jury convictions on charges of driving under the influence of liquor in trials held before Magistrate L. V. Lee at the Union County Court House. Respondent Kershaw was tried on September 26, 1972, and Respondent Eaves on September 28, 1972.
Each of the respondents timely appealed to the circuit court, asserting trial errors on the part of the magistrate. The magistrate, although duly served, failed to file his records with the Office of the Clerk of Court for Union County in compliance with the provisions of Sec. 7--104 of the Code. Despite the absence of such records, the circuit court heard the appeals; concluded that there were trial errors in both cases, and accordingly reversed the convictions and ordered new trials. Both respondents were represented by the same counsel and, as far as the record shows, there was no effort on the part of respondents of their counsel, by mandamus or otherwise, to obtain the compliance of the magistrate with the provisions of Sec. 7--104, and the record here fails to reflect any notice to the magistrate, or anyone else representing the State, of the hearing of the appeals in the circuit court.
Under the principles enunciated in State v. Spray, et al., 74 S.C. 443, 54 S.E. 600, and ...
To continue reading
Request your trial
-
Joyner v. Glimcher Properties
...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, 101 (1964). However, in each case cited by the majority as the under......
-
State v. Truesdale
...(appeal by the State from circuit court's decision reversing and remanding respondent's magistrate court conviction); State v. Eaves, 260 S.C. 523, 197 S.E.2d 282 (1973) (same); State v. Adams, 244 S.C. 323, 137 S.E.2d 100 (1964) (same). Thus, we have amended the caption to reflect the prop......
-
State v. Barbee
...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 The order of the circuit court is reversed. Respondent has ten days from is......
-
28 Mandamus, Writ of
...383 S.C. 82, 678 S.E.2d 412 (S.C. 2009).[134] Edwards v. State, 383 S.C. 82, 97, 678 S.E.2d 412, 420 (S.C. 2009).[135] See State v. Eaves, 260 S.C. 523, 197 S.E.2d 282 (S.C. 1973) (suggesting in dicta that criminal defendants appealing convictions could compel magistrate to file records wit......
-
C. Elements Defined
...S.C. 82, 678 S.E.2d 412 (S.C. 2009). [134] Edwards v. State, 383 S.C. 82, 97, 678 S.E.2d 412, 420 (S.C. 2009).[135] See State v. Eaves, 260 S.C. 523, 197 S.E.2d 282 (S.C. 1973) (suggesting in dicta that criminal defendants appealing convictions could compel magistrate to file records with c......