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ISHMELL v. S.C. HIGHWAY DEPARTMENT

20012

264 S.C. 340 (1975)

215 S.E.2d 201

Andrew ISHMELL, Respondent, v. SOUTH CAROLINA HIGHWAY DEPARTMENT and Captain Cecil Dilworth, Appellants.

Supreme Court of South Carolina.

May 14, 1975.

Attorney(s) appearing for the Case

Messrs. Daniel R. McLeod, Atty. Gen., Joseph C. Coleman, Dep. Atty. Gen., and Richard P. Wilson, Staff Atty., of Columbia, for Appellants.

John S. DeBerry, Esq., of Florence, for Respondent.

May 14, 1975.

LITTLEJOHN, Justice:

On September 2, 1973, the respondent, Andrew Ishmell, was arrested and charged with driving a motor vehicle while under the influence of intoxicants, in violation of South Carolina Code § 46-363. He retained counsel and was tried on September 11 before Magistrate W.E. McLeod; a mistrial resulted.

On April 17, 1974, the magistrate mailed the respondent a letter, addressed...

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