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STATE v. HOLLIDAY

19121

255 S.C. 142 (1970)

177 S.E.2d 541

The STATE, Appellant, v. W.H. HOLLIDAY, Respondent.

Supreme Court of South Carolina.

November 6, 1970.

Attorney(s) appearing for the Case

Messrs. Daniel R. McLeod, Attorney General, and Michael W. Tighe, Assistant Attorney General, of Columbia, and G. Werber Bryan, Sumter County Attorney, and Howard P. King, of Sumter, for Appellant.

Messrs. Weinberg & Weinberg, Jan L. Warner, and M. M. Weinberg, Jr., of Sumter, for Respondent.

Messrs. Daniel R. McLeod, Attorney General, and Michael Tighe, Assistant Attorney General, of Columbia, and G. Werber Bryan, Sumter County Attorney, and Howard P. King, of Sumter, for Appellant, in Reply.

November 6, 1970.

LEWIS, Justice.

Respondent, W.H. Holliday, was convicted in magistrate's court for driving a motor vehicle while under the influence of intoxicants in violation of Section 46-343 of the 1962 Code of Laws. He was initially taken into custody for such violation under an unlawful arrest. Upon appeal to the circuit court, the conviction was reversed solely upon the legal ground that such unlawful arrest vitiated the subsequent conviction. The...

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