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State v. Barbee

Supreme Court of South Carolina
Mar 1, 1984
313 S.E.2d 297 (S.C. 1984)

Summary

ruling "[t]he 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."

Summary of this case from Joyner v. Glimcher Propperties

Opinion

22052

Submitted November 3, 1983.

Decided March 1, 1984.

Asst. Sol. Alan M. Tewkesbury, Jr., Spartanburg, for appellant. Stephen J. Henry, Greenville, for respondent.


Submitted November 3, 1983.

Decided March 1, 1984.


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.


Summaries of

State v. Barbee

Supreme Court of South Carolina
Mar 1, 1984
313 S.E.2d 297 (S.C. 1984)

ruling "[t]he 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."

Summary of this case from Joyner v. Glimcher Propperties

suggesting defendant could compel magistrate by mandamus to file record of proceedings with the circuit court

Summary of this case from City of Rock Hill v. Thompson
Case details for

State v. Barbee

Case Details

Full title:The STATE, Appellant, v. Lonnie BARBEE, Respondent

Court:Supreme Court of South Carolina

Date published: Mar 1, 1984

Citations

313 S.E.2d 297 (S.C. 1984)
313 S.E.2d 297

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