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STATE v. SMITH

1840

309 S.C. 48 (1992)

419 S.E.2d 816

The STATE, Respondent v. William SMITH, Appellant.

Court of Appeals of South Carolina.

Decided June 22, 1992.

Attorney(s) appearing for the Case

Deputy Chief Atty. Joseph L. Savitz, III, of South Carolina Office of Appellate Defense, Columbia, for appellant.

Attorney Gen. T. Travis Medlock, Chief Deputy Atty. Gen. Donald J. Zelenka, Asst. Atty. Gen. Harold M. Coombs, Jr., and Staff Atty. Rakale B. Smith, Columbia, and Sol. Wade S. Kolb, Jr., Sumter, for respondent.

Heard June 8, 1992.

Decided June 22, 1992.

SANDERS, Chief Judge:

Appellant William Smith was convicted of first degree criminal sexual conduct with a minor and sentenced to 30 years in prison. We reverse the conviction and remand the case for a new trial.

The State's case was not overwhelming. The minor child was six years old at the time of the trial. She testified that the defendant raped her when she was three years old. At the

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