State v. Brown

CONNOR, J.:

(Dissenting).

Because I believe this Court is without subject matter jurisdiction over Brown’s appeal, I respectfully dissent. I would not have reached the issue of whether county-to-county transfers of magistrate court cases are legally permissible.

A magistrate’s court jury found Brown guilty on July 16, 1997. The magistrate did not receive Brown’s notice of appeal until August 6, 1997. It was necessary for Brown to serve notice of appeal upon the magistrate who tried the case within ten days of the verdict. S.C.Code Ann. § 18-3-30 (1985). This time limitation would have been…