STATE v. FOUST

No. 24534.

325 S.C. 12 (1996)

479 S.E.2d 50

The STATE, Respondent, v. Brad Christopher FOUST, Appellant.

Supreme Court of South Carolina.

Decided December 2, 1996.


Attorney(s) appearing for the Case

Robert M. Pachak of South Carolina Office of Appellate Defense, of Columbia, for appellant.

Attorney General Charles Molony Condon, Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Caroline Callison Tiffin, Columbia, and Solicitor Dudley Saleeby, Jr., Florence, for respondent.


WALLER, Justice:

Appellant, Brad Christopher Foust, (Foust) was convicted of first degree burglary, assault and battery with intent to kill (ABIK), and possession of a knife during commission of a violent crime. He was respectively sentenced to thirty years, twenty years, and five years, to be served consecutively. The sole issue on appeal is whether the trial court erred in refusing to charge the jury it must find a "specific intent to kill" before Foust could be...

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