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STATE v. ARIAIL

No. 23774.

426 S.E.2d 751 (1993)

The STATE, Respondent, v. Jimmy Horace ARIAIL, Appellant.

Supreme Court of South Carolina.

Decided January 11, 1993.

Attorney(s) appearing for the Case

Asst. Appellate Defender M. Anne Pearce, of S.C. Office of Appellate Defense, Columbia, for appellant.

Atty. Gen. T. Travis Medlock, Chief Deputy Atty. Gen. Donald J. Zelenka, Asst. Attys. Gen. Harold M. Coombs, Jr., and William Edgar Salter, III, Columbia, and Sol. Joseph J. Watson, Greenville, for respondent.

CHANDLER, Justice:

Appellant Jimmy Horace Ariail (Ariail) was convicted of arson in the third degree and sentenced to ten years, suspended upon service of four years and five years probation. We affirm.

At trial, prior to the jury selection, Ariail's attorney expressly waived arraignment:

THE COURT: The indictments are for arson in the third degree. I need to know first of all from the defense attorneys whether or not your client wishes to be arraigned...

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