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EX PARTE STATE

19928

263 S.C. 363 (1974)

210 S.E.2d 600

Ex parte the STATE of South Carolina, Appellant. In re Joseph Norman BRITTIAN, Child Under the Age of Seventeen Years, Respondent.

Supreme Court of South Carolina.

December 12, 1974.

Attorney(s) appearing for the Case

Messrs. Daniel R. McLeod, Atty. Gen., Robert M. Ariail, Asst. Atty. Gen., and Wade S. Kolb, Jr., Staff Attorney, of Columbia, for Appellant.

Messrs. Corley, Sandlin & Perry, of Columbia, for Respondent.

December 12, 1974.

LITTLEJOHN, Justice:

Judge J. McNary Spigner, of the Family Court of Richland County, dismissed charges against Joseph N. Brittian. The State has appealed.

On February 12, 1974, two petitions were filed in the Family Court of Richland County against Brittian. He was charged with shoplifting and possession of marijuana. The hearing was scheduled for 3:30 p.m. on March 28.

On the day before the scheduled hearing the prosecutor...

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