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STATE v. TESSNEAR

19334

257 S.C. 290 (1971)

185 S.E.2d 611

The STATE, Respondent, v. Max D. TESSNEAR, Appellant.

Supreme Court of South Carolina.

December 14, 1971.

Attorney(s) appearing for the Case

Messrs. Patrick E. Tracy and Jack F. McGuinn of Columbia, for Appellant.

Phillip K. Wingard, Esq., Sol., of Lexington, for Respondent.

December 14, 1971.

LEWIS, Justice:

Appellant, Max D. Tessnear, was convicted of the offense of assault and battery with intent to kill and received a sentence of fifteen years, from which he has prosecuted this appeal. There are only two questions preserved for review.

The first question concerns the refusal of the trial judge to grant a mistrial because of an alleged improper question asked a witness, Fred...

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