STATE v. SMITH

No. 24418.

470 S.E.2d 364 (1996)

The STATE, Respondent, v. Terry SMITH, Appellant.

Supreme Court of South Carolina.

Filed April 29, 1996.


Attorney(s) appearing for the Case

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

Attorney General Charles Molony Condon, Chief Deputy Attorney General Donald J. Zelenka, Senior Assistant Attorney General Harold M. Coombs, Jr., and Assistant Attorneys General Alexandria B. Skinner and Caroline E. Callison, Columbia; and Solicitor Holman C. Gossett, Jr., Spartanburg, for respondent.


MOORE, Justice.

Appellant appeals his conviction for homicide by child abuse. We reverse and remand.

FACTS

Appellant Terry Smith was convicted of assault and battery of a high and aggravated nature (ABHAN) and homicide by child abuse under S.C.Code Ann. § 16-3-85 (Supp. 1995). He was sentenced to ten years and life, respectively. The ABHAN charge stemmed from several beatings of 2½ year...

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