STATE v. FOXWORTH

20524

269 S.C. 496 (1977)

238 S.E.2d 172

The STATE, Respondent, v. David FOXWORTH, Appellant.

Supreme Court of South Carolina.

October 6, 1977.


Attorney(s) appearing for the Case

W. Gaston Fairey, of Columbia, for Appellant.

Daniel R. McLeod, Atty. Gen., Brian P. Gibbes and Robert N. Wells, Jr., Asst. Attys. Gen., and James C. Anders, Sol., of Columbia, for Respondent.


October 6, 1977.

GREGORY, Justice:

Appellant was convicted by a jury of assault and battery of a high and aggravated nature and was sentenced to nine years imprisonment. Error is assigned to the trial judge's refusal to charge the lesser included offense of simple assault and battery and his failure to grant appellant's motion for a directed verdict. We affirm.

On the morning of September 9, 1976, Ms. Judy Simons was waiting in her parked car to pick...

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