STATE v. DARR

19849

262 S.C. 585 (1974)

206 S.E.2d 870

The STATE, Respondent, v. Jimmy W. DARR, Appellant.

Supreme Court of South Carolina.

July 2, 1974.


Attorney(s) appearing for the Case

John D. Long, III, Esq., of Long & Powell, Union, for Appellant.

John H. Nolen, Esq., Sol., of Spartanburg, for Respondent.


July 2, 1974.

Per Curiam:

On September 13, 1973, in the Court of General Sessions for Cherokee County, the appellant-Darr was convicted of the offense of assault and battery of a high and aggravated nature. He appeals from his conviction and sentence asserting two errors on the part of the trial judge.

The case was submitted to the jury at 3:10 p. m. on September 13. At 5:42 p. m. the trial judge recalled the jury, which had not yet reached...

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