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STATE v. SMITH

22631

290 S.C. 393 (1986)

350 S.E.2d 923

The STATE, Respondent v. Perry Bush SMITH, Appellant.

Supreme Court of South Carolina.

Decided November 17, 1986.

Attorney(s) appearing for the Case

W. Gaston Fairey and Sandra R. Parise, and South Carolina Office of Appellate Defense, Columbia, for appellant.

Atty. Gen. T. Travis Medlock, Asst. Attys. Gen. Harold M. Coombs, Jr., and Amie L. Clifford, Columbia, and Sol. Donald V. Myers, Lexington, for respondent.

Heard Oct. 7, 1986.

Decided Nov. 17, 1986.

NESS, Chief Justice:

Appellant was convicted of one count of murder and one count of assault and battery with intent to kill. He was sentenced to concurrent terms of life and ten years. We reverse and remand for a new trial.

Appellant entered the Johnston Post Office at 8:15 a.m. on August 19, 1983, carrying a shotgun. Postmaster Charles McGee and several post office employees fled the building. Appellant...

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