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STATE v. FEREBEE

21006

273 S.C. 403 (1979)

257 S.E.2d 154

The STATE, Respondent, v. Milton FEREBEE, Appellant.

Supreme Court of South Carolina.

July 17, 1979.

Attorney(s) appearing for the Case

John H. Douglas, Charleston, for appellant.

Atty. Gen. Daniel R. McLeod and Asst. Atty. Gen. Kay G. Crowe, Columbia, Sol. Capers G. Barr, III and Asst. Sol. Linda Lombard, Charleston, for respondent.

July 17, 1979.

RHODES, Justice:

The appellant, Milton Ferebee, was arrested for breaking and entering a vacant apartment in North Charleston and was subsequently convicted of burglary. On appeal, he complains that his conviction was contrary to law on the ground that the unoccupied apartment did not constitute a "dwelling house" as defined by the law of burglary. We agree and reverse.

The crime of burglary...

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