STATE v. HUTTO

21921

279 S.C. 131 (1983)

303 S.E.2d 90

The STATE, Appellant, v. Cecil R. HUTTO, Respondent.

Supreme Court of South Carolina.

May 11, 1983.


Attorney(s) appearing for the Case

Sol. R. Kirk McLeod, Sumter and George M. Stuckey, Jr., Bishopville, for appellant.

Jacob Jennings, Bishopville, for respondent.


May 11, 1983.

Per Curiam:

Respondent was indicted for breach of trust with a fraudulent intention. After the presentation of the State's case, the trial judge dismissed the indictment on the ground the evidence did not sufficiently comply with the indictment to justify submission of the case to the jury. The State appeals from this order.

Appellant argues that the trial judge erred in finding that the evidence did not sustain the charge in the...

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