State v. Sossamon

Gregory, Chief Justice:

Appellants Elizabeth and Cody Sossamon were convicted by a jury in magistrate’s court of violating the open container law, S. C. Code Ann. § 61-9-87 (Supp. 1988). Elizabeth Sossamon was also convicted of first offense driving under the influence. On appeal to the circuit court, the convictions were affirmed. We reverse.

Appellants contend the circuit court erred in holding Corporal Moss of the State Highway Patrol was properly allowed to act as the prosecutor at the trial of the case.

Because of the impraeticality of a prosecuting attorney presenting every traffic court…