21714 | S.C. | May 26, 1982

Per Curiam:

Each respondent was convicted by a magistrate’s jury of two counts of assault and battery. They moved before the magistrate for a new trial. He denied the motion, and they filed no notice of intent to appeal. Instead, they moved in General Sessions Court before a circuit judge for a new trial. He granted the motion. The State appeals.

*67A circuit court has only appellate jurisdiction over a j udgment from magistrate’s court. State v. Dickert, 260 S. C. 490, 197 S.E.2d 89" court="S.C." date_filed="1973-06-05" href="https://app.midpage.ai/document/state-v-dickert-1222091?utm_source=webapp" opinion_id="1222091">197 S. E. (2d) 89 (1973). All appeals must be prosecuted as prescribed by statute. South Carolina Code of Laws § 18-3-20 (1976). Dewitt v. South Carolina Department of Highways, 274 S. C. 184, 262 S.E.2d 28" court="S.C." date_filed="1980-01-15" href="https://app.midpage.ai/document/dewitt-v-south-carolina-department-of-highways--public-transportation-1399020?utm_source=webapp" opinion_id="1399020">262 S. E. (2d) 28 (1980). The circuit court judge heard this case not on appeal after proper filing of notice, but on a motion for a new trial. Therefore, he did not have jurisdiction over the matter.

Because the judge lacked jurisdiction to order a new trial, we reverse his order and reinstate the convictions and sentences.

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