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STATE v. SMALL

1760

307 S.C. 92 (1992)

413 S.E.2d 870

The STATE, Respondent v. Tommy SMALL, Appellant.

Court of Appeals of South Carolina.

Decided January 27, 1992.

Attorney(s) appearing for the Case

Patrick H. Nance, of Nance & Nance, Columbia, for appellant.

Atty. Gen. T. Travis Medlock, Asst. Attys. Gen. Harold M. Coombs, Jr., and Norman Mark Rapoport, Columbia, and Sol. Donald V. Myers, Lexington, for respondent.

Heard Dec. 4, 1991.

Decided Jan. 27, 1992.

Per Curiam:

A jury found Tommy Small guilty of assault and battery of a high and aggravated nature. The court sentenced him to six years imprisonment, suspended on the service of three years. Small appeals, claiming the trial judge erred in refusing to charge the lesser included offense of simple assault and battery. We affirm.

Simple assault and battery is an unlawful act of violent injury...

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