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STATE v. BATTLE

1635

304 S.C. 191 (1991)

403 S.E.2d 331

The STATE, Respondent v. Ernest BATTLE, Appellant.

Court of Appeals of South Carolina.

Decided April 1, 1991.

Rehearing Denied April 16, 1991.

Attorney(s) appearing for the Case

Asst. Appellate Defender Robert M. Dudek, of S.C. Office of Appellate Defense, Columbia, for appellant.

Atty. Gen. T. Travis Medlock, Chief Deputy Atty. Gen. Donald J. Zelenka, Columbia, and Sol. Charles Molony Condon, Charleston, for respondent.

Heard March 11, 1991.

Decided April 1, 1991.

Rehearing Denied April 16, 1991.

GOOLSBY, Judge:

A jury convicted the appellant Ernest Battle of possession of cocaine for distribution in proximity of a school. The dispositive questions on appeal relate to the validity of the search of Battle's home, the admission of the evidence concerning the distance from Battle's home to a school, and the refusal of the trial court to allow Battle to withdraw...

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