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STATE v. KELLY

22304

285 S.C. 373 (1985)

329 S.E.2d 442

The STATE, Respondent, v. Ardis Baker KELLY, Appellant.

Supreme Court of South Carolina.

Decided April 26, 1985.

Attorney(s) appearing for the Case

Kenneth E. Gaines, of Gaines & Wade, Columbia, for appellant.

Atty. Gen. T. Travis Medlock, Asst. Gen. Harold M. Coombs, Jr., Staff Atty. Amie L. Clifford, Columbia, and Sol. Donald V. Myers, Lexington, for respondent.

Heard April 9, 1985.

Decided April 26, 1985.

GREGORY, Justice:

Ardis Baker Kelly was convicted in Magistrate's Court of violating S.C. Code Ann. § 56-5-2330 (Cum. Supp. 1984)1 arising out of a two-car automobile collision. The Circuit Court affirmed the conviction. We reverse and remand for a new trial.

Appellant first contends the lower court erred in failing to grant a motion for a new trial based on after...

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