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STATE v. WHITTINGTON

21879

278 S.C. 661 (1983)

301 S.E.2d 134

The STATE, Appellant, v. Guy Randall WHITTINGTON, Respondent.

Supreme Court of South Carolina.

March 15, 1983.

Attorney(s) appearing for the Case

Atty. Gen. T. Travis Medlock, Retired Atty. Gen. Daniel R. McLeod, Asst. Atty. Gen. Richard D. Bybee and Staff Atty. Bristow Marchant, Columbia, for appellant.

Clyde A. Eltzroth, Jr., of Peters, Murdaugh, Parker, Eltzroth & Detrick, Hampton, for respondent.

March 15, 1983.

Per Curiam:

This appeal presents the question whether S.C. Code Ann. § 56-1-370, as amended (Cum. Supp. 1981) is unconstitutional as violative of the doctrine of separation of powers. We hold it is unconstitutional.

Respondent Whittington was arrested for driving under the influence. He did not submit to the breathalyzer test as required by § 56-5-2950 of the Code. Refusal...

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