STATE v. BAILEY

No. 4079.

368 S.C. 39 (2006)

626 S.E.2d 898

The STATE, Appellant, v. Roy BAILEY, Respondent.

Court of Appeals of South Carolina.

Decided January 23, 2006.

Rehearing Denied March 2, 2006.


Attorney(s) appearing for the Case

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Norman Mark Rapoport, of Columbia; and Solicitor Robert M. Ariail, of Greenville, for Appellant.

Robert Bethune King, Jr., of Anderson, for Respondent.


BEATTY, J.:

The State appeals the circuit court's decision to overturn Roy Bailey's magistrate court conviction for disorderly conduct. We affirm.1

FACTS

On October 15, 2002, Roy Bailey and Calvin Ladd, one of Bailey's employees, pulled into the Speedway gas station to get gas for the company truck. The company had a gas card with Speedway, and Ladd got out of the truck...

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