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STATE v. GILL

20972

273 S.C. 190 (1979)

255 S.E.2d 455

The STATE, Respondent, v. Eric Andre GILL, Appellant.

Supreme Court of South Carolina.

May 24, 1979.

Attorney(s) appearing for the Case

William M. Brice, Jr., York; and James F. Wells, Rock Hill, for appellant.

Atty. Gen., Daniel R. McLeod and Asst. Atty. Gen., Brian P. Gibbes, Columbia; and Sol. William L. Ferguson, York, for respondent.

May 24, 1979.

GREGORY, Justice:

Appellant Eric Andre Gill was convicted of murder, armed robbery, and grand larceny of a vehicle and was sentenced to death for murder, twenty-five (25) years imprisonment for armed robbery, and ten (10) years imprisonment for grand larceny of a vehicle. We reverse.

First, appellant contends the trial judge erred by instructing the jury during the course of the trial as follows:

... I believe I told you and have...

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