STATE v. YATES

21835

280 S.C. 29 (1982)

310 S.E.2d 805

The STATE, Respondent, v. Dale Robert YATES, Appellant.

Supreme Court of South Carolina.

December 22, 1982.


Attorney(s) appearing for the Case

Stephen J. Henry and John I. Mauldin, Greenville, and South Carolina Com'n of Appellate Defense, for appellant.

Atty. Gen. Daniel R. McLeod, Sr., Asst. Atty. Gen. Brian P. Gibbes and Asst. Atty. Gen. Harold M. Coombs, Jr., Columbia, and Sol. William B. Traxler, Greenville, for respondent.


December 22, 1982.

Per Curiam:

Appellant, Dale Robert Yates, was indicted and convicted of murder, armed robbery, assault and battery with intent to kill, and conspiracy. After being found guilty of murder, the jury recommended at the second phase of the bifurcated trial, that he should die by electrocution. From these convictions and sentence, he appeals. The basic issue involved in the appeal is whether the death sentence should be carried out.

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