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STATE v. McDANIEL

21279

275 S.C. 222 (1980)

268 S.E.2d 585

The STATE, Respondent, v. Cecil McDANIEL, Appellant.

Supreme Court of South Carolina.

July 30, 1980.

Attorney(s) appearing for the Case

Staff Atty. David W. Carpenter of S.C. Commission of Appellate Defense, Columbia, for appellant.

Atty. Gen. Daniel R. McLeod, Asst. Atty. Gen. Brian P. Gibbs and Staff Atty. Lindy Pike Funkhouser, Columbia and Sol. Capers G. Barr, III, Charleston, for respondent.

July 30, 1980.

NESS, Justice:

This is an appeal from a burglary conviction. We affirm.

Appellant asserts the trial court erred in excusing a juror and impaneling an alternate at the conclusion of the testimony. This is without merit.

During the trial, the juror was observed making improper remarks and gestures. Upon being apprised of this, the trial court conducted an in camera hearing to determine the propriety

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