STATE v. SMITH

21500

276 S.C. 484 (1981)

280 S.E.2d 56

The STATE, Respondent, v. Kenneth F. SMITH, Appellant.

Supreme Court of South Carolina.

June 23, 1981.


Attorney(s) appearing for the Case

Asst. Appellate Defender David W. Carpenter, of S.C. Commission of Appellate Defense, Columbia, and Public Defender H.F. Partee and Asst. Public Defender Alex Kinlaw, Greenville, for appellant.

Atty. Gen Daniel R. McLeod, Asst. Atty. Gen. Kay G. Crowe, and Senior Asst. Atty. Gen. Brian P. Gibbes, Columbia, and Sol. William W. Wilkins, Jr., Greenville, for respondent.


June 23, 1981.

LEWIS, Chief Justice:

The appellant was charged and convicted in two separate indictments for criminal sexual conduct in the first degree. The indictments arose from an incident in which appellant sexually attacked the prosecutrix, forcibly performing an act of sexual intercourse upon her and then within minutes forcing her to accomplish the act of fellatio upon him. After a jury verdict of guilty on both charges, appellant was sentenced to...

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