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STATE v. SMITH

1641

304 S.C. 129 (1991)

403 S.E.2d 162

The STATE, Respondent v. James David SMITH, Appellant.

Court of Appeals of South Carolina.

Decided April 1, 1991.

Rehearing Denied April 19, 1991.

Attorney(s) appearing for the Case

Assistant Appellate Defender Joseph L. Savitz, III, of South Carolina Office of Appellate Defense, Columbia, for appellant.

Attorney General T. Travis Medlock, Asst. Attys. Gen. Harold M. Coombs, Jr., and Miller W. Shealy, Jr., and Solicitor Richard A. Harpootlian, Columbia, for respondent.

Heard March 13, 1991.

Decided Apr. 1, 1991.

Rehearing Denied Apr. 19, 1991.

SANDERS, Chief Justice:

This is a murder case. Appellant James David Smith argues that the trial judge erred in charging the jury. The State argues that any error is harmless. We reverse and remand.

The defendant went to the S & J Lounge in the company of the Cook brothers, Ronnie and Steve. Unsurprisingly, beer was the beverage of choice. According to the...

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