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STATE v. TYNER

21040

273 S.C. 646 (1979)

258 S.E.2d 559

The STATE, Respondent, v. Rudolph TYNER, Appellant.

Supreme Court of South Carolina.

August 23, 1979.

Attorney(s) appearing for the Case

Richard N. Booth, and Eldridge R. Inman, Conway, for Appellant.

Atty. Gen. Daniel R. McLeod and Asst. Attys. Gen. Brian P. Gibbes and Kay G. Crowe, Columbia, Sol. Harry G. Charles, Conway and Sol. Donald V. Myers and Asst. Sol. Cameron Littlejohn, Lexington, for Respondent.

Appellant Rudolph Tyner was found guilty of criminal conspiracy, armed robbery, and murder and was sentenced to death. We affirm his conviction and set aside the death sentence.

August 23, 1979.

NESS, Justice:

On March 18, 1978, Mr. and Mrs. William B. Moon were shot and killed during the armed robbery of their convenience store near Myrtle Beach. Appellant and Carlton Davis were arrested at the Davis home, approximately one mile from the store, in the early morning hours of March 19th. A shotgun linked to the murders was seized. Tyner subsequently gave police a statement admitting the crimes.

Appellant raises numerous exceptions...

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