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STATE v. RUMLER

21422

276 S.C. 179 (1981)

276 S.E.2d 925

The STATE, Respondent, v. Jerry A. RUMLER, Appellant.

Supreme Court of South Carolina.

April 1, 1981.

Attorney(s) appearing for the Case

Asst. Appellate Defender David W. Carpenter of S.C. Commission of Appellate Defense, Columbia, and Jesse A. McCall, Jr., of Greenville, for appellant.

Atty. Gen. Daniel R. McLeod and Asst. Attys. Gen. Kay G. Crowe and Nan L. Black, Columbia, and Sol. William W. Wilkins, Jr., Greenville, for respondent.

April 1, 1981.

LITTLEJOHN, Justice:

The defendant, Jerry A. Rumler, was found guilty by jury of both housebreaking and larceny and sentenced to 18 years in prison.

The only issue submitted by this appeal is whether the judge erred in charging the jury that it could not find the defendant guilty of one count (e. g. housebreaking) and not guilty of the other (e. g. larceny). A review of the evidence convinces us that, depending upon the credibility...

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