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STATE v. CAPPS

21396

276 S.C. 59 (1981)

275 S.E.2d 872

The STATE, Respondent, v. David Brian CAPPS, Appellant.

Supreme Court of South Carolina.

February 24, 1981.

Attorney(s) appearing for the Case

Chief Atty. John L. Sweeny and Staff Atty. Tara D. Shurling of S.C. Commission of Appellate Defense, Columbia, for appellant.

Atty. Gen. Daniel R. McLeod, Asst. Atty. Gen. Brian P. Gibbes and State Atty. Lindy Pike Funkhouser, Columbia, and Sol. William W. Wilkins, Jr., Greenville, for respondent.

February 24, 1981.

NESS, Justice.

Appellant David Brian Capps appeals from the order denying his motion to quash the indictments and his conviction for assault and battery with intent to kill and criminal sexual conduct in the first degree. We affirm.

The sole issue is whether the trial court erred in denying appellant's motion to quash all indictments because the assistant solicitor participated as a witness before the grand jury. We hold it did not...

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