State v. Duncan

Gregory, Justice:

Appellant pled guilty in the magistrate’s court to petit larceny and was sentenced to thirty days imprisonment. On appeal appellant contends he was denied due process and equal protection of the law by being tried before a nonattorney judge. We affirm.

On December 18, 1976, appellant Johnny Duncan was charged with the theft of an eight pack of beer and thereafter arrested. He was released on a recognizance bond and ordered to appear before the Honorable Nathan H. Brown, Magistrate for Georgetown County, for trial on January 5, 1977. Judge Brown is not an attorney. At trial…