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STATE v. SMART

21812

278 S.C. 515 (1982)

299 S.E.2d 686

The STATE, Respondent v. Ronald Francis SMART, Appellant.

Supreme Court of South Carolina.

November 23, 1982.

Attorney(s) appearing for the Case

David I. Bruck, S.C. Com'n of Appellate Defense, Columbia, H. Patterson McWhirter, Lexington, William P. Walker, Lexington, for appellant.

Atty. Gen. Daniel R. McLeod, Sr. Asst. Atty. Gen. Brian P. Gibbes, Columbia, Sol. Donald V. Myers, Lexington, for respondent.

November 23, 1982.

LEWIS, Chief Justice:

Appellant was found guilty of two murders while in the commission of larceny with use of a deadly weapon. He was sentenced to death for each offense. We affirm the convictions, vacate the sentences and remand for new trial thereof.

In vacating these sentences we are governed by our holding in State v. Woomer, S.C. 284 S.E.2d 357, that injection of the solicitor...

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