State v. Adler

Supreme Court of South Carolina

State v. Adler

292 S.E.2d 185, 278 S.C. 66, 1982 S.C. LEXIS 342

CourtSupreme Court of South Carolina

DecidedMay 26, 1982

Docket21714

StatusPublished

Cited by5 cases

This text of 292 S.E.2d 185 (State v. Adler) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Adler, 292 S.E.2d 185, 278 S.C. 66, 1982 S.C. LEXIS 342 (S.C. 1982).

Pincite

Opinion

Per Curiam:

Each respondent was convicted by a magistrate’s jury of two counts of assault and battery. They moved before the magistrate for a new trial. He denied the motion, and they filed no notice of intent to appeal. Instead, they moved in General Sessions Court before a circuit judge for a new trial. He granted the motion. The State appeals.

[67]*67A circuit court has only appellate jurisdiction over a j udgment from magistrate’s court. State v. Dickert, 260 S. C. 490, 197 S. E. (2d) 89 (1973). All appeals must be prosecuted as prescribed by statute. South Carolina Code of Laws § 18-3-20 (1976). Dewitt v. South Carolina Department of Highways, 274 S. C. 184, 262 S. E. (2d) 28 (1980). The circuit court judge heard this case not on appeal after proper filing of notice, but on a motion for a new trial. Therefore, he did not have jurisdiction over the matter.

Because the judge lacked jurisdiction to order a new trial, we reverse his order and reinstate the convictions and sentences.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam:

Each respondent was convicted by a magistrate’s jury of two counts of assault and battery. They moved before the magistrate for a new trial. He denied the motion, and they filed no notice of intent to appeal. Instead, they moved in General Sessions Court before a circuit judge for a new trial. He granted the motion. The State appeals.

[67]*67A circuit court has only appellate jurisdiction over a j udgment from magistrate’s court. State v. Dickert, 260 S. C. 490, 197 S. E. (2d) 89 (1973). All appeals must be prosecuted as prescribed by statute. South Carolina Code of Laws § 18-3-20 (1976). Dewitt v. South Carolina Department of Highways, 274 S. C. 184, 262 S. E. (2d) 28 (1980). The circuit court judge heard this case not on appeal after proper filing of notice, but on a motion for a new trial. Therefore, he did not have jurisdiction over the matter.

Because the judge lacked jurisdiction to order a new trial, we reverse his order and reinstate the convictions and sentences.

Cite This Page — Counsel Stack

Bluebook (online)

292 S.E.2d 185, 278 S.C. 66, 1982 S.C. LEXIS 342, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-adler-sc-1982.

Opinion

Related

Cite This Page — Counsel Stack