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STATE v. DOBSON

22009

279 S.C. 551 (1983)

309 S.E.2d 752

The STATE, Respondent, v. Tommy DOBSON, Appellant.

Supreme Court of South Carolina.

November 29, 1983.

Attorney(s) appearing for the Case

Asst. Appellate Defender William Isaac Diggs; of S.C. Com'n of Appellate defense, Columbia, for appellant.

Atty. Gen. T. Travis Medlock, Retired Atty. Gen. Daniel R. McLeod, Asst. Atty. Gen. Harold M. Coombs, Jr., and State Atty. Carlisle Roberts, Jr., Columbia and Sol. Donald V. Myers, Lexington, for respondent.

Nov. 29, 1983.

GREGORY, Justice:

Appellant Tommy Dobson was convicted of attempted burglary after the trial judge refused his plea of autrefois acquit. We vacate appellant's conviction and sentence.

Appellant was first indicted for attempted housebreaking. At trial, the judge directed a verdict of acquittal on the ground that the state's evidence established a breaking occurred at night, if at all.

Appellant was reindicted for attempted...

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