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McDUFFIE v. STATE

21436

276 S.C. 229 (1981)

277 S.E.2d 595

Charles T. McDUFFIE, Appellant, v. STATE of South Carolina, Respondent.

Supreme Court of South Carolina.

April 22, 1981.

Attorney(s) appearing for the Case

Chief Atty. John L. Sweeny of S.C. Commission of Appellate Defense, Columbia, for appellant.

Atty. Gen. Daniel R. McLeod and Asst. Atty. Gen. William K. Moore, Columbia, for respondent.

April 22, 1981.

NESS, Justice:

Appellant Charles T. McDuffie appeals from an order granting summary judgment to the State and dismissing his application for post conviction relief because he lacked standing. We reverse.

McDuffie was convicted of assault and battery of a high and aggravated nature in South Carolina in 1966. It is uncontradicted that he served the sentence and has been unconditionally released. He is currently serving a prison sentence...

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