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STATE v. MILIAN-HERNANDEZ

22396

287 S.C. 183 (1985)

336 S.E.2d 476

The STATE, Respondent, v. Mario MILIAN-HERNANDEZ, Appellant.

Supreme Court of South Carolina.

Decided October 29, 1985.

Attorney(s) appearing for the Case

Asst. Appellate Defender Stephen P. Williams of S.C. Office of Appellate Defense, Columbia, for appellant.

Atty. Gen. T. Travis Medlock, Asst. Att. Gen. Harold M. Coombs, Jr., Staff Atty. Carlisle Roberts, Jr., Columbia, and Sol. Claude A. Taylor, Jr., Spartanburg, for respondent.

Heard Dec. 12, 1984.

Decided Oct. 29, 1985.

CHANDLER, Justice:

Appellant Mario Milian-Hernandez was convicted of two counts of assault and battery with intent to kill and received consecutive twenty year sentences. He appeals on the grounds that he proved insanity by a preponderance of the evidence.

We agree and reverse.

FACTS

Appellant came to the United States in the Cuban boatlift...

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