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STATE v. MUNSCH

22421

287 S.C. 313 (1985)

338 S.E.2d 329

The STATE, Respondent, v. Donald T. MUNSCH, Appellant.

Supreme Court of South Carolina.

Decided December 10, 1985.

Attorney(s) appearing for the Case

W. Gaston Fairey, of Fairey & Parise, P.A., Columbia, for appellant.

Atty. Gen. T. Travis Medlock, Asst. Atty. Gen. Harold M. Coombs, Jr., and Sol. James C. Anders, Columbia, for respondent.

Submitted Oct. 21, 1985.

Decided Dec. 10, 1985.

Per Curiam:

Appellant was indicted for assault and battery of a high and aggravated nature (ABHAN). The appellant entered a plea of nolo contendere with the understanding that the judge would determine whether the degree of the offense was ABHAN or the lesser included offense of simple assault and battery. The court found the appellant guilty of ABHAN and sentenced him to two years suspended...

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