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STATE v. THOMAS

20390

268 S.C. 343 (1977)

234 S.E.2d 16

THE STATE, Respondent, v. Robert Tobias THOMAS, Appellant.

Supreme Court of South Carolina.

March 28, 1977.

Attorney(s) appearing for the Case

Messrs. Daniel A. Speights, of Hampton, and Thomas H. Pope III, of Glenn, Porter and Sullivan, Columbia, for Appellant.

Messrs. Daniel R. McLeod, Atty. Gen., Joseph R. Barker and Richard P. Wilson, Asst. Attys. Gen., of Columbia, and Mike S. Jolly, Sol., of Union, for Respondent.

March 28, 1977.

LITTLEJOHN, Justice:

The appellant, Robert Tobias Thomas, and Atlas Key were tried and convicted of armed robbery on July 23, 1969, in York County. Their conviction was subsequently affirmed by this Court. State v. Key, 256 S.C. 90, 180 S.E.2d 888 (1971). Thereafter, by order of the Honorable Charles E. Simons, Jr., United States District Court, dated February

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