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STATE v. ADLER

21714

278 S.C. 66 (1982)

292 S.E.2d 185

The STATE, Appellant, v. Vincent ADLER, Richard O'Brian and Michael Newell, Respondents.

Supreme Court of South Carolina.

May 26, 1982.

Attorney(s) appearing for the Case

Atty. Gen. Daniel R. McLeod, Deputy Atty. Gen. C. Tolbert Goolsby, Jr., and Asst. Atty. Gen. Charles H. Richardson, Columbia, for appellant.

Michael J. Thompson, Columbia, for respondents.

May 26, 1982.

Per Curiam:

Each respondent was convicted by a magistrate's jury of two counts of assault and battery. They moved before the magistrate for a new trial. He denied the motion, and they filed no notice of intent to appeal. Instead, they moved in General Sessions Court before a circuit judge for a new trial. He granted the motion. The State appeals.

A circuit court has only appellate jurisdiction...

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