STATE v. ALLEN

21477

276 S.C. 412 (1981)

279 S.E.2d 365

The STATE, Appellant, v. William Henry ALLEN, Jr., Respondent.

Supreme Court of South Carolina.

June 4, 1981.


Attorney(s) appearing for the Case

Atty. Gen. Daniel R. McLeod and State Atty. Scott Elliott, Columbia, for appellant.

J. Marvin Mullis, Columbia, for respondent.


June 4, 1981.

GREGORY, Justice:

The respondent, William Henry Allen, Jr., was convicted of assault and battery with intent to kill. The State appeals from an order granting him a new trial on the basis of after-discovered evidence. We reverse.

At trial, the respondent testified he cut the prosecuting witness, Ballard, in self-defense after being threatened with injury and extortion. Ballard denied he made any threats. Approximately five months after...

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