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STATE v. SUTTLES

21902

279 S.C. 87 (1983)

302 S.E.2d 338

The STATE, Respondent, v. Arthur Edward SUTTLES and Bobby Morgan, Appellants.

Supreme Court of South Carolina.

April 19, 1983.

Attorney(s) appearing for the Case

Asst. Appellate Defenders William Isaac Diggs and Elizabeth C. Fullwood of S.C. Com'n of Appellate Defense, Columbia, for appellants.

Atty. Gen. T. Travis Medlock, Retired Atty. Gen. Daniel R. McLeod and Asst. Attys. Gen. Harold M. Coombs, Jr. and Martha L. McElveen, Columbia, for respondent.

April 19, 1983.

NESS, Justice.

Appellants were indicted for burglary and pleaded guilty to housebreaking. They now contend housebreaking is not a lesser included offense of burglary, and thus they pleaded guilty to an offense for which they were neither indicted nor waived presentment. See Summerall v. State, S.C. 294 S.E.2d 344 (1982) and State v. Martin, S.C.

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