Town of North Augusta v. Fennell

Fishburne, Justice.

The appellant was convicted in the municipal court of the Town of North Augusta, upon a warrant duly issued, which charged him with driving an automobile while under the influence of an intoxicant, in violation of an ordinance in such case made and provided. A jury was drawn and empaneled on demand of appellant, and by agreement the testimony offered at the trial was taken down in longhand by the chief of police.

Error is assigned because the circuit court, upon his appeal, remanded the case for a new trial instead of dismissing it as prayed for by him. It is argued that…