State v. Kelly

Gregory, Justice:

Ardis Baker Kelly was convicted in Magistrate’s Court of violating S. C. Code Ann. § 56-5-2330 (Cum. Supp. 1984) 1 arising out of a two-car automobile collision. The Circuit Court affirmed the conviction. We reverse and remand for a new trial.

Appellant first contends the lower court erred in failing to grant a motion for a new trial based on after-discovered evidence. The alleged new evidence was the testimony of an additional witness, who was the first person on the scene after the accident.

A requisite for the grant of a new trial based on after-discovered evidence is that…