State v. Biehl

Littlejohn, Justice:

'The respondent, Albert G. Biehl, was arrested following an automobile accident in the city of Cayce by a city police officer, and charged with driving a motor vehicle while under the influence of intoxicants, in violation of § 56-5-2930, Code of Laws of South Carolina (1976). He was tried before a magistrate and found guilty by a jury. From such conviction, he appealed to the Court of Common Pleas for Lexington County. The circuit judge sustained the appeal, reversed the conviction and in essence ruled that the lower court was without jurisdiction to try and dispose of…