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STATE v. TOWNSEND

No. 2448.

467 S.E.2d 138 (1996)

STATE of South Carolina, Appellant, v. Melvin E. TOWNSEND, Respondent.

Court of Appeals of South Carolina.

Decided January 22, 1996.

Rehearing Denied February 22, 1996.

Attorney(s) appearing for the Case

Associate General Counsel Patrick M. Teague and General Counsel Frank L. Valenta, Jr., both of S.C. Department of Public Safety, Columbia, for appellant.

James H. Price, III, and J. Falkner Wilkes, Greenville, for respondent.

CONNOR, Judge:

A magistrate's court jury convicted Melvin Townsend of driving under the influence, first offense. Townsend appealed to the circuit court, which reversed and remanded for a new trial. The state appeals. We reverse the circuit court and reinstate the conviction.

On May 3, 1994, State Trooper Don Bannister received a call that a 1991 Lincoln had "cut down" a power pole and run into an old bank building...

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