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STATE v. ROTHELL

23154

301 S.C. 168 (1990)

391 S.E.2d 228

The STATE, Respondent v. Douglas W. ROTHELL, Appellant.

Supreme Court of South Carolina.

Decided February 5, 1990.

Attorney(s) appearing for the Case

Henry F. Floyd of Acker, Acker, Floyd & Welmaker, P.A., Pickens, for appellant.

Attorney Gen. T. Travis Medlock, Asst. Atty. Gen. Harold M. Coombs, Jr., and Staff Atty. Miller W. Shealy, Jr., Columbia, and Sol. George M. Ducworth, Anderson, for respondent.

Heard Jan. 8, 1990.

Decided Feb. 5, 1990.

Per Curiam:

We granted the petition of Appellant, Douglas W. Rothell (Rothell), to argue against the precedent of State v. Hertzog, 92 S.C. 14, 175 S.E. 374 (1912). After careful consideration of Rothell's contentions, we decline to overrule Hertzog. However, based upon an erroneous jury charge, we reverse and remand for a new trial.

Rothell, a building contractor, was indicted...

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