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STATE v. KIRBY

Opinion No. 2609.

481 S.E.2d 150 (1996)

The STATE, Respondent, v. Wayne Gary KIRBY, Appellant.

Court of Appeals of South Carolina.

Decided December 23, 1996.

Attorney(s) appearing for the Case

Deputy Chief Attorney Joseph L. Savitz, III, of S.C. 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, Senior Assistant Attorney General Norman Mark Rapoport, Columbia; and Solicitor Joseph J. Watson, Greenville, for Respondent.

ANDERSON, Judge:

Wayne Gary Kirby appeals his convictions for trafficking in heroin and possession of a firearm during the commission of a violent crime. Kirby contends the trial judge erred in allowing a police officer to testify, over counsel's hearsay objection, about a dispatcher's call, and in refusing to charge unlawful carrying of a pistol as a lesser included offense of possession of a weapon during the commission of a violent crime. We affirm.

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