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STATE v. BUTLER

17208

230 S.C. 159 (1956)

94 S.E.2d 761

THE STATE, Respondent, v. BURGESS BUTLER, Appellant.

Supreme Court of South Carolina.

October 22, 1956.

Attorney(s) appearing for the Case

Messrs. Clyde C. Dean and Moss, of Orangeburg, for Appellant.

Julian S. Wolfe, Esq., Solicitor, of Orangeburg, for Respondent.

October 22, 1956.

OXNER, Justice.

On July 24, 1954, in the town of Elloree, Orangeburg County, appellant shot one H.F. Avinger. He was arrested, tried and convicted in the Municipal Court for illegally firing a shotgun and sentenced to imprisonment for thirty days or to pay a fine of $100.00. He was thereafter indicted in the Court of General Sessions for assault and battery with intent to kill Avinger. On the trial of the case, he contended that under Section...

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