Ishmell v. South Carolina Highway Department

Littlejohn, Justice:

On September 2, 1973, the respondent, Andrew Ishmell, was arrested and charged with driving a motor vehicle while under the influence of intoxicants, in violation of South Carolina Code § 46-363. He retained counsel and was tried on September 11 before Magistrate W. E. McLeod; a mistrial resulted.

On April 17, 1974, the magistrate mailed the respondent a letter, addressed to him at his correct address, notifying him that the case would be tried again on April 26, 1974. Neither the respondent nor his attorney appeared at the appointed time and place. The magistrate then…