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ELLIS v. STATE

20266

267 S.C. 257 (1976)

227 S.E.2d 304

Danny ELLIS, Appellant, v. STATE of South Carolina, Respondent.

Supreme Court of South Carolina.

August 9, 1976.

Attorney(s) appearing for the Case

Messrs. Roy T. Stuckey, Vance L. Cowden and Holcombe H. Thomas, Jr., of Columbia, for Appellant.

Messrs. Daniel R. McLeod, Atty. Gen., Emmet H. Clair and Harry W. Davis, Jr., Asst. Attys. Gen., of Columbia, for Respondent.

August 9, 1976.

Per Curiam:

Appellant, Danny Ellis, appeals from the denial, after an evidentiary hearing, of his application for post-conviction relief. He was found guilty by a jury of the unlawful distribution of marijuana, a misdemeanor, and was sentenced to five (5) years imprisonment. Appellant was not present at the time of his trial and the trial was conducted in his absence. He contends he is entitled to relief because of alleged

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