State v. McIver

Ness, Justice:

The State appeals from an order reversing respondent’s conviction in magistrate’s court because the jury was improperly drawn. We affirm, holding the jury selection provision for Florence County magistrates’ courts to be special legislation and therefore unconstitutional.

The jury which convicted respondent of driving under the influence was drawn pursuant to Act No. 883, Statutes at Large of 1966, which is at variance with Section 22-3-780 of the Code of Laws of South Carolina (1976). Specifically, it provides for a jury venire of thirty-six rather than eighteen, and for the…