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STATE v. PRINCE

19767

262 S.C. 89 (1974)

202 S.E.2d 645

The STATE, Appellant, v. Coley Dan PRINCE, Respondent.

Supreme Court of South Carolina.

February 11, 1974.

Attorney(s) appearing for the Case

Messrs. Daniel R. McLeod, Atty. Gen., J.C. Coleman, Dept. Atty. Gen., James C. Harrison, Jr., and Hutson S. Davis, Jr., Asst. Attys. Gen., of Columbia, for Appellant.

Hal Jerome Warlick, Esq., of Pickens, for Respondent.

February 11, 1974.

BRAILSFORD, Justice:

The defendant was arrested for driving under the influence of intoxicating liquor at 12:45 A.M. Sunday morning, February 4, 1973. He was incarcerated for a time, but was later released after service on him of an Official Summons and Arrest Report requiring him to appear for trial before the trial magistrate at 3:00 P.M. on February 6, 1973. Upon his failure to appear or to request a continuance, he was tried by the magistrate...

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