State v. Adler

Each respondent was convicted by a magistrate’s jury of two counts of assault and battery. They moved before the magistrate for a new trial. He denied the motion, and they filed no notice of intent to appeal. Instead, they moved in General Sessions Court before a circuit judge for a new trial. He granted the motion. The State appeals.

*67A circuit court has only appellate jurisdiction over a j udgment from magistrate’s court. State v. Dickert, 260 S. C. 490, 197 S. E. (2d) 89 (1973). All appeals must be prosecuted as prescribed by statute. South Carolina Code of Laws § 18-3-20 (1976). Dewitt v.…