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STATE v. MURPHY

No. 2507.

471 S.E.2d 739 (1996)

The STATE, Respondent, v. Roy Elise MURPHY, Appellant.

Court of Appeals of South Carolina.

Decided April 29, 1996.

Rehearing Denied June 21, 1996.

Attorney(s) appearing for the Case

Assistant Appellate Defender Robert M. Dudek, of the South Carolina Office of Appellate Defense, Columbia, for appellant.

Attorney General Charles Molony Condon, Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Senior Assistant Attorney General William Edgar Salter, III, Columbia; and Solicitor Thomas E. Pope, York, for respondent.

ANDERSON, Judge:

Roy Elise Murphy appeals from his conviction for assault with intent to commit criminal sexual conduct (CSC) with a minor in the first degree. Murphy claims the trial judge erred in refusing Murphy's request to charge assault of a high and aggravated nature (AHAN) as a lesser included offense. We reverse.1

The State presented testimony that the two-year old victim, her sister, and her parents resided with Murphy...

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