State v. Tillinghast

Appellant was charged with possession of alcohol by a minor in violation of S.C.Code Ann. § 20-7-8920 (Supp.2006). 1 The case was heard in magistrate’s court. After the State’s presentation of its case, the magistrate granted appellant’s motion for a directed verdict on the ground § 20-7-8920 was unconstitutional as applied to appellant.

Thereafter, the State appealed to the circuit court and argued that the magistrate erred by directing a verdict of not guilty. At a hearing to determine whether the circuit court had jurisdiction to hear the State’s appeal, the State indicated it was not…