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STATE v. THOMAS

21291

275 S.C. 274 (1980)

269 S.E.2d 768

The STATE, Appellant, v. Walter THOMAS, Jr., Respondent.

Supreme Court of South Carolina.

September 3, 1980.

Attorney(s) appearing for the Case

Atty. Gen. Daniel R. McLeod and Asst. Atty. Gen. KayG. Crowe, Columbia, and Asst. Sol. Harry B. Burchstead, Jr., Sumter, for appellant.

Staff Atty. David W. Carpenter, S.C. Commission of Appellate Defense, Columbia, for respondent.

September 3, 1980.

Per Curiam:

The State appeals an order granting respondent Walter Thomas, Jr.'s motion to suppress evidence on the ground the search warrant was defective. We reverse.

Neither party addressed the threshold issue of the appealability of this order. Appellant's case was called for trial and a jury selected, but not sworn, when respondent's motion to suppress was heard and granted. From...

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