State v. Eaves

Bussey, Justice.

These two cases were combined for appeal, both of them arising out of jury convictions on charges of driving under the influence of liquor in trials held before Magistrate L. V. Lee at the Union County Court House. Respondent Kershaw was tried on September 26, 1972, and Respondent Eaves on September 28, 1972.

Each of the respondents timely appealed to the circuit court, asserting trial errors on the part of the magistrate. The magistrate, although duly served, failed to file his records with the Office of the Clerk of Court for Union County in compliance with the provisions of…