STATE v. PRESSLEY

22693

292 S.C. 9 (1987)

354 S.E.2d 777

The STATE, Respondent v. Roger Dale PRESSLEY, Appellant.

Supreme Court of South Carolina.

Decided April 6, 1987.


Attorney(s) appearing for the Case

Asst. Appellate Defender Tara D. Shurling, 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. John R. Justice, Chester, for respondent.


Heard March 9, 1987.

Decided April 6, 1987.

HARWELL, Justice:

Appellant was charged with criminal sexual conduct in the first degree and convicted of criminal sexual conduct in the second degree. He argues that the trial judge erred in refusing to charge the jury on the offense of assault and battery of a high and aggravated nature (ABHAN). We agree.

The victim, appellant's 14 year old daughter, testified that she was lying in bed watching...

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