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STATE v. SMITH

22522

288 S.C. 329 (1986)

342 S.E.2d 600

The STATE, Respondent v. James Weldon SMITH, Appellant.

Supreme Court of South Carolina.

Decided April 7, 1986.

Attorney(s) appearing for the Case

Harry B. Burchstead, Jr., Sumter, for appellant.

Attorney Gen. T. Travis Medlock, Asst. Atty. Gen. Harold M. Coombs, Jr., and Sol. James C. Anders, Columbia, for respondent.

Heard March 11, 1986.

Decided April 7, 1986.

Per Curiam:

James Weldon Smith (Smith) was found guilty of Second Offense Driving Under the Influence at a jury trial. He was sentenced to one year in prison and fined $1,000, suspended upon service of 90 days and payment of a $500 fine.

We reverse and remand for a new trial.

FACTS

Smith was stopped for weaving on Interstate 20 in Kershaw County. The arresting officer testified...

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