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STATE v. OXNER

No. 26915.

391 S.C. 132 (2011)

705 S.E.2d 51

The STATE, Appellant, v. Harry OXNER, Respondent.

Supreme Court of South Carolina.

Decided January 24, 2011.

Attorney(s) appearing for the Case

Robert J. Stephenson, IV , of Columbia, for Appellant.

Deborah Harrison Sheffield , of Columbia, and Robert L. Lumpkin, Jr. , of Lumpkin, Oxner & Stacy, of Georgetown, for Respondent.

Justice PLEICONES:

Respondent was convicted in magistrate's court of preparing a baited dove field in violation of S.C.Code Ann. § 50-1-10 (2008) and appealed to circuit court. After a hearing, the circuit court judge issued a written order requiring that respondent's conviction be "reversed and dismissed" based upon her sua sponte conclusion that the magistrate's court lacked subject matter jurisdiction over the charge. The State did not challenge that...

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