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STATE v. COOPER

21969

279 S.C. 301 (1983)

306 S.E.2d 598

The STATE, Respondent, v. Roger Dale COOPER and Frank Bryson, Appellants.

Supreme Court of South Carolina.

August 9, 1983.

Attorney(s) appearing for the Case

Harold R. Lowery and Richard E. Thompson, Jr., Anderson and Theodore A. Snyder, Walhalla, for appellants.

Atty. Gen. T. Travis Medlock, Retired Atty. Gen. Daniel R. McLeod and Asst. Atty. Gen. Harold M. Coombs, Jr., Columbia, and Sol. George M. Ducworth, Walhalla, for respondent.

Aug. 9, 1983.

PAUL MOORE, Acting Associate Justice:

The Appellants were convicted of breaking and entering and grand larceny. The grand larceny conviction was appealed on the ground of error in the instructions to the jury. We reverse and remand for a new trial.

After closing arguments by the attorneys, the trial judge charged:

Now, ladies and gentlemen, in the proof of grand larceny our law says...

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