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STATE v. COOPER

No. 23987.

439 S.E.2d 276 (1994)

The STATE, Respondent, v. Gene Tony COOPER, Appellant.

Supreme Court of South Carolina.

Decided January 10, 1994.

Rehearing Denied February 3, 1994.

Attorney(s) appearing for the Case

David I. Bruck, and South Carolina 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. Donald V. Myers, Lexington, for respondent.

CHANDLER, Justice:

Appellant Gene Tony Cooper (Cooper) was convicted of murder, armed robbery, kidnapping and conspiracy to commit armed robbery. He was sentenced to death for murder, five years for armed robbery and five years for conspiracy.

We reverse the murder conviction and remand for new trial; the remaining convictions and sentences are affirmed.

FACTS

In the early morning of October 6, 1989, seven year old Amanda Quinn discovered...

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