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STATE v. SMALLS

19549

260 S.C. 44 (1973)

194 S.E.2d 188

The STATE, Respondent, v. Edward M. SMALLS, Appellant.

Supreme Court of South Carolina.

January 16, 1973.

Attorney(s) appearing for the Case

Messrs. Phillip Middleton and deRosset Myers, of Charleston, for Appellant.

Messrs. Robert B. Wallace, Sol., and A. Arthur Rosenblum, Asst. Sol., of Charleston, for Respondent.

January 16, 1973.

LEWIS, Justice:

Appellant was convicted in the General Sessions Court for Charleston County of assault with intent to ravish, with a recommendation to mercy, and received a sentence of twenty-four (24) years. His appeal from that judgment and sentence presents two questions, but only one need be decided. That question is: Did the trial judge err in refusing to instruct the jury that testimony as to...

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