April 8, 1981.
Per Curiam:
Jessie James Cumbee, Sr. was charged with driving under the influence, first offense. He was tried in a magistrate's court before a jury and found guilty. Cumbee appealed and the circuit court judge reversed the conviction and granted a new trial, having found, inter alia, that the magistrate erred by failing to quash the jury panel. The State has taken exception to the circuit judge's order. We affirm.
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