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STATE v. HOLMES

21611

277 S.C. 232 (1981)

285 S.E.2d 553

The STATE, Respondent, v. Jimmy HOLMES and Bobby Wise, Appellants.

Supreme Court of South Carolina.

December 14, 1981.

Attorney(s) appearing for the Case

Chief Atty. John L. Sweeny and Asst. Appellate Defender Kathy D. Lindsay, of S.C. Com'n of Appellate Defense, and William L. Pyatt of Fulton & Pyatt, Columbia, for appellants.

Atty. Gen. Daniel R. McLeod, Asst. Atty. Gen. Lindy P. Funkhouser and State Atty. Harold M. Coombs, Jr., Columbia, and Sol. William T. Jones, Greenwood, for respondent.

December 14, 1981.

NESS, Justice:

Appellants, Jimmy Holmes and Bobby Wise were convicted of conspiracy to distribute marijuana and distribution of marijuana. They contend the trial court erred in his instruction to the jury on the law of conspiracy. We disagree.

The appellants argue based on the instructions given, the jury might conclude there could be a criminal conspiracy between the appellants and SLED agent Atencio, who was working undercover...

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