State v. Tillinghast, 375 S.C. 201

Summary

The Supreme Court of South Carolina held that the State could not appeal a magistrate's judgment of acquittal, even to obtain review of the magistrate's ruling that the statute was unconstitutional as applied. The court reversed the circuit court's decision, relying on double-jeopardy principles and the State's lack of a right to appeal an acquittal absent fraud or collusion.

Holdings

1. The State may not appeal from a judgment of acquittal in a criminal case, even to challenge an alleged error of law, unless the acquittal was procured by the accused through fraud or collusion.

Questions Presented

1. Whether the circuit court had jurisdiction to hear the State's appeal from the magistrate's directed verdict and resulting criminal acquittal.

Disposition

reversed