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STATE v. RIDDLE

23127

300 S.C. 268 (1990)

387 S.E.2d 455

The STATE, Respondent v. Bruce Eugene RIDDLE, Appellant.

Supreme Court of South Carolina.

Decided January 2, 1990.

Attorney(s) appearing for the Case

Asst. Appellate Defenders Stephen P. Williams and Joseph L. Savitz, III of S.C. Office of Appellate Defense, Columbia, for appellant.

Atty. Gen. T. Travis Medlock, Asst. Attys. Gen. Harold M. Coombs, Jr., and Norman Mark Rapoport, Columbia; and Sol. William L. Ferguson, York, for respondent.

Heard October 30, 1989.

Decided January 2, 1990.

CHANDLER, Justice:

Appellant, Bruce Eugene Riddle (Riddle), contends the Circuit Court erred in permitting an amendment to his indictment during the course of trial. We agree and reverse.

Riddle was indicted for assault with intent to commit third-degree criminal sexual conduct. At the close of evidence, the indictment was amended to charge assault with intent to commit first degree criminal...

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