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STATE v. EUSTACE

23062

299 S.C. 145 (1989)

382 S.E.2d 918

The STATE, Respondent v. David Jason EUSTACE, Jr., Gregory Todd Boyd, Tracy Lee Haynes, Allie Ray Porter, and Bobby Pate Weeks, of whom David Jason Eustace, Jr., Gregory Todd Boyd, Allie Ray Porter, and Bobby Pate Weeks are Appellants.

Supreme Court of South Carolina.

Decided August 14, 1989.

Attorney(s) appearing for the Case

Billy J. Garrett, Jr., and John R. McCravy, III, both of Callison, Dorn, Thomason & Garrett, P.A., Greenwood, for appellants.

Atty. Gen. T. Travis Medlock, Asst. Attys. Gen. Harold M. Coombs, Jr., and Amie L. Clifford, Columbia, and Sol. W. Townes Jones, Greenwood, for respondent.

Submitted April 25, 1989.

Decided Aug. 14, 1989.

Per Curiam:

Appellants were convicted of night hunting as defined in S.C. Code Ann. § 50-11-20 (1976 and Supp. 1987).1 We affirm.

Appellants assert that the trial court's failure to charge the jury on spotlighting as a lesser included offense of night hunting constituted error. We disagree.

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