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STATE v. MUNN

22742

292 S.C. 497 (1987)

357 S.E.2d 461

The STATE, Respondent v. James Coker MUNN, Appellant.

Supreme Court of South Carolina.

Decided June 22, 1987.

Attorney(s) appearing for the Case

James C. Cox, Jr. of Saleeby, Cox & Bledsoe, P.A., Hartsville, and Ronald M. Childress of Childress and Mille, Columbia, for appellant.

Atty. Gen. T. Travis Medlock, Asst. Attys. Gen. Harold M. Coombs, Jr., and Amie L. Clifford, Columbia, and Solicitor J. Dupre Miller, Bennettsville, for respondent.

Heard May 5, 1987.

Decided June 22, 1987.

HARWELL, Justice:

Appellant was convicted of criminal sexual conduct in the second degree. We reverse and remand.

Appellant was indicted for criminal sexual conduct in the second degree pursuant to S.C. Code Ann. § 16-3-653 (1976). The trial judge charged the jury, however, only on criminal sexual conduct with a minor in the second degree pursuant to S.C. Code Ann. § 16-3-655(3) (1976). The...

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