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STATE v. ARMSTRONG

19962

263 S.C. 594 (1975)

211 S.E.2d 889

The STATE, Respondent, v. Kent Stuart ARMSTRONG, Appellant.

Supreme Court of South Carolina.

February 12, 1975.

Attorney(s) appearing for the Case

Messrs. Griffin & Howard and Rodney A. Culbertson, of Greenville, for Appellant.

Messrs. Daniel R. McLeod, Atty. Gen., Joseph R. Barker, Asst. Atty. Gen., and Sidney S. Riggs, III, Staff Atty., of Columbia, and C. Victor Pyle, Sr., Sol., and W.W. Wilkins, Asst. Sol., of Greenville, for Respondent.

February 12, 1975.

NESS, Justice:

This is an appeal from a conviction of assault of a high and aggravated nature. The salient facts involved here are as follows:

Appellant was tried upon an indictment of assault and battery with intent to kill. During the course of the trial, the jury was excused from the courtroom in anticipation of appellant's tender of a plea of guilty to simple assault and battery. In...

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