State v. Dickert

Lewis, Justice :

Respondent, in his absence, was convicted on October 13, 1972, in Magistrate’s Court of driving a motor vehicle while under the influence of intoxicating liquor. He did not move for a new trial before the magistrate, as permitted by Section 43-142 and 43-143, 1962 Code of Laws, nor appeal to the Court of General Sessions, as permitted by Sections 7-101 and 7-102, 1962 Code of Laws, as amended; but upon his subsequent motion, noticed some forty-two days after conviction, was granted a new trial by the circuit court and the South Carolina Highway Department was restrained from…