STATE v. McIVER

20612

270 S.C. 242 (1978)

241 S.E.2d 747

The STATE, Appellant, v. Evan McIVER, Respondent.

Supreme Court of South Carolina.

February 16, 1978.


Attorney(s) appearing for the Case

Daniel R. McLeod, Atty. Gen., and Brian P. Gibbes, Asst. Atty. Gen., of Columbia, and T. Kenneth Summerford, Sol., of Florence, for Appellant.

Frederick K. Jones, of Florence, for Respondent.


February 16, 1978.

NESS, Justice:

The State appeals from an order reversing respondent's conviction in magistrate's court because the jury was improperly drawn. We affirm, holding the jury selection provision for Florence County magistrates' courts to be special legislation and therefore unconstitutional.

The jury which convicted respondent of driving under the influence was drawn pursuant to Act No. 883,...

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