State v. Barbee

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…