302 S.C. 55 (1990)

393 S.E.2d 385

The STATE, Respondent v. Raymond MAGAZINE, Appellant.

Supreme Court of South Carolina.

Decided July 2, 1990.

Attorney(s) appearing for the Case

Assistant Appellate Defenders Daniel T. Stacey and Robert M. Dudek, of S.C. Office of Appellate Defense, Columbia, for appellant.

Attorney General T. Travis Medlock, Asst. Atty. Gen. Harold M. Coombs, Jr., Columbia, and Sol. Wade S. Kolb, Jr., Sumter, for respondent.

Heard Feb. 5, 1990.

Decided July 2, 1990.

GREGORY, Chief Justice:

Appellant was convicted of assault and battery of a high and aggravated nature (ABHAN). He was sentenced to five years imprisonment and ordered to pay $1,188.42 in restitution. We reverse.

The victim, Lucille Magazine, and appellant were married but separated in March 1988. As the result of a violent episode between them, Lucille sought an order of protection in the family court...

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