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STATE v. BELVISO

No. 3809.

360 S.C. 112 (2004)

600 S.E.2d 68

The STATE, Appellant, v. Elaine P. BELVISO, Respondent.

Court of Appeals of South Carolina.

Decided June 1, 2004.

Rehearing Denied August 18, 2004.

Attorney(s) appearing for the Case

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh and Assistant Attorney General Deborah R.J. Shupe, all of Columbia; and Solicitor Thomas E. Pope, of York, for Appellant.

Christopher A. Wellborn, of Rock Hill, for Respondent.

KITTREDGE, J.:

We are asked to determine whether the circuit court, in its appellate capacity, has jurisdiction to hear an appeal from a magistrate court's pre-trial ruling that precludes or significantly impairs the prosecution of a criminal case. We hold the circuit court has jurisdiction over such an appeal. The contrary decision of the circuit court is reversed, and the matter is remanded.

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