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STATE v. LEONARD

22704

292 S.C. 133 (1987)

355 S.E.2d 270

The STATE of South Carolina, Respondent v. Kirk R. LEONARD and Richard E. Harrison, Jr., of whom Kirk R. Leonard is, Petitioner.

Supreme Court of South Carolina.

Decided April 13, 1987.

Attorney(s) appearing for the Case

Jack B. Swerling, of Swerling & Harpootlian, and F. Patrick Hubbard, Columbia, for petitioner.

Atty. Gen. T. Travis Medlock, Asst. Attys. Gen. Harold M. Coombs, Jr., and William Edgar Salter, III, Columbia, and Sol. Donald V. Myers, Lexington, for respondent.

Heard Jan. 5, 1987.

Decided April 13, 1987.

NESS, Chief Justice:

We granted certiorari to review the decision of the Court of Appeals in this case reported at 287 S.C. 462, 339 S.E.2d 159 (Ct. App. 1986). We reverse and remand for a new trial.

Petitioner Leonard and his codefendant Harrison spent several hours driving to different nightspots and consuming beer. They stopped...

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