Opinion
23466
Submitted June 10, 1991.
Decided September 9, 1991.
David E. Taylor, Columbia, for appellant. Assistant Chief Counsel Joseph H. Lumpkin, Jr., of S.C. Dept. of Hwys. Pub. Trans., Columbia, for respondent.
Submitted June 10, 1991.
Decided Sept. 9, 1991.
Appellant's magistrate's court conviction was reversed by the circuit court. The circuit court's original order did not remand the case for a new trial. The parties are confused whether appellant can be retried. We hold that he may be regardless of the omission of the word "remand." See Hamm v. Southern Bell, ___ S.C. ___, 406 S.E.2d 157 (1991); State v. Wyse, 33 S.C. 582, 12 S.E. 556 (1891). In light of our holding, we need not reach the remaining issue raised by appellant.
Affirmed.