State v. Whetstone

The State appeals from an order of the circuit court that affirms the magistrate’s court’s dismissal of charges against *377the defendant Randy Whetstone for ill-treatment of animals in violation of S.C.Code Ann. § 47-1-40 (Supp.1997). We reverse and remand.

An assistant solicitor, on February 17, 1995, transferred charges of second offense ill-treatment of animals made against Whetstone on December 29, 1994, to the magistrate’s court for disposition by merely signing a general sessions docket report or “transfer sheet” and sending the arrest warrants to the magistrate. On April 29, 1996, a jury…