STATE v. FOWLER

No. 2483.

470 S.E.2d 393 (1996)

The STATE, Respondent, v. Jimmy Lee FOWLER, Appellant.

Court of Appeals of South Carolina.

Decided March 18, 1996.

Rehearing Denied May 23, 1996.


Attorney(s) appearing for the Case

Assistant Appellate Defender Robert M. Pachak, 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 Norman Mark Rapoport, Columbia; and Solicitor George M. Ducworth, Anderson, for respondent.


CURETON, Judge:

Appellant, Jimmy Lee Fowler, appeals his conviction for unlawful neglect of a child under provisions of S.C.Code Ann. § 20-7-50 (Supp.1995). We reverse his conviction.

The issues on appeal are (1) whether the trial court erred in refusing to grant a directed verdict when the State failed to present any evidence direct or circumstantial that Fowler had legal custody of the infant victim, and (2) whether Fowler is entitled to be resentenced...

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