STATE v. LINDER

21452

276 S.C. 304 (1981)

278 S.E.2d 335

The STATE, Respondent, v. Michael LINDER, Appellant.

Supreme Court of South Carolina.

May 14, 1981.


Attorney(s) appearing for the Case

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

Atty. Gen. Daniel R. McLeod and Asst. Attys. Gen. Brian P. Gibbes and Kay G. Crowe, Columbia, Sol. Randolph Murdaugh, Jr., Hampton, for respondent.

Henry F. Floyd, Pickens, I.S. Levy Johnson and Jean H. Toal, Columbia, David W. Keller, Jr., Florence, and Theo W. Mitchell, Greenville, for amicus curiae.


May 14, 1981.

HARWELL, Justice:

Michael Linder was found guilty of grand larceny and of the murder of Patrolman Willie Peeples of the South Carolina Highway Patrol in the first phase of a bifurcated capital trial. He was sentenced to death upon recommendation of the trial jury at the end of the second phase. This case consolidates Linder's direct appeal and our mandatory review of the death sentence. We reverse the convictions, vacate the death penalty and...

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