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STATE v. KIRKLAND

22120

282 S.C. 14 (1984)

317 S.E.2d 444

The STATE, Appellant, v. Alfred B. KIRKLAND, Respondent.

Supreme Court of South Carolina.

Decided May 30, 1984.

Attorney(s) appearing for the Case

Sol. James C. Anders, Asst. Sols. Richard H. Whelchel and Stanley D. Ragsdale, Columbia, for appellant.

Joy Goodwin, Deputy Public Defender, and Asst. Appellate Defender William Isaac Diggs, of S.C. Office of Appellate Defense, Columbia, for respondent.

Heard May 7, 1984.

Decided May 30, 1984.

NESS, Justice:

This is an appeal from an order quashing the State's indictment of respondent, Alfred B. Kirkland, for violation of S.C. Code Ann. § 44-23-1150 (1976), which prohibits sexual intercourse with State Hospital patients or trainees. The State contends the trial court erred in quashing the indictment on the basis that S.C. Code Ann. § 16-3-654 (1983 Supp.), which defines third degree criminal...

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