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STATE v. SMITH

23748

309 S.C. 442 (1992)

424 S.E.2d 496

The STATE, Respondent v. Rebecca M. SMITH, Appellant.

Supreme Court of South Carolina.

Decided November 30, 1992.

Rehearing Denied December 17, 1992.

Attorney(s) appearing for the Case

Chief Atty. David I. Bruck of South Carolina Office of Appellate Defense, Columbia, for appellant.

Atty. Gen. T. Travis Medlock, Chief Deputy Atty. Gen. Donald J. Zelenka, and Asst. Atty. Gen. Harold M. Coombs, Jr., Columbia, and Sol. Ralph J. Wilson, Conway, for respondent.

Heart March 9, 1992;

Decided Nov. 30, 1992.

Reh. Den. Dec. 17, 1992.

CHANDLER, Justice:

Appellant Rebecca Smith (Rebecca) was convicted of murdering her husband during the commission of an armed robbery and sentenced to death. We reverse the conviction and remand for a new trial.

FACTS

On Friday, July 14, 1989, Harold Smith (Harold), the victim, left his home in Laurinburg, North Carolina, for Myrtle Beach. There, he stayed...

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