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STATE v. KIRBY

20456

269 S.C. 25 (1977)

236 S.E.2d 33

The STATE, Appellant, v. Gerald B. KIRBY and Charles King Stogner, Respondents.

Supreme Court of South Carolina.

June 22, 1977.

Attorney(s) appearing for the Case

Daniel R. McLeod, Atty. Gen., and Joseph R. Barker, Asst. Atty. Gen., of Columbia, for Appellant.

Frank B. Register, Jr., of Lexington, Wesley Waites, Jr., of West Columbia; and William O. Kneece, of Columbia, for Respondents.

June 22, 1977.

NESS, Justice:

This is an appeal from the trial court's granting of a plea of former jeopardy. Upon a former trial for criminal conspiracy, at the close of the State's case, the respondents Kirby and Stogner were granted a brief recess to decide if they would offer any evidence. During this recess the solicitor damaged his dentures and was granted permission to go to his office to make repairs. He was...

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