STATE v. GOLDENBAUM

22841

294 S.C. 455 (1988)

365 S.E.2d 731

The STATE, Respondent v. Robert M. GOLDENBAUM, Appellant.

Supreme Court of South Carolina.

Decided February 22, 1988.


Attorney(s) appearing for the Case

Deputy Chief Atty. Elizabeth C. Fullwood, of S.C. Office of Appellate Defense, Columbia, for appellant.

Atty. Gen. T. Travis Medlock, Asst. Attys. Gen. Harold M. Coombs, Jr., and William Edgar Salter, III, Columbia; and Solicitor Charles M. Condon, Charleston, for respondent.


Heard Jan. 4, 1988.

Decided Feb. 22, 1988.

HARWELL, Justice:

Appellant was convicted of first degree burglary and attempted first degree criminal sexual conduct. On appeal, he argues that the trial judge erred in refusing to instruct the jury on the elements of second and third degree burglary. We disagree and affirm the convictions.

Appellant and his wife lived across the hall from the victim in an apartment complex. The victim was awakened...

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