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STATE v. HART

23517

306 S.C. 344 (1991)

412 S.E.2d 380

STATE of South Carolina, Respondent v. John Henry HART, Petitioner.

Supreme Court of South Carolina.

Decided December 2, 1991.

Attorney(s) appearing for the Case

Asst. Appellate Defender Robert M. Pachak, of S.C. Office of Appellate Defense, Columbia, for petitioner.

Atty. Gen. T. Travis Medlock, Asst. Attys. Gen. Harold M. Coombs, Jr., and Amie L. Clifford, Columbia, and Sol. Larry F. Grant, York, for respondent.

Heard Oct. 21, 1991.

Decided Dec. 2, 1991.

GREGORY, Chief Justice:

This case is before us on a writ of certiorari to review the Court of Appeals' decision reported at ___ S.C. ___, 403 S.E.2d 144 (1991). We reverse and remand for a new trial.

Petitioner was convicted of armed robbery and unlawful use of a firearm. At trial, the only contested issue was identity. The victim identified petitioner from a photo...

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