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STATE v. PIERCE

No. 24613.

326 S.C. 176 (1997)

485 S.E.2d 913

The STATE, Respondent, v. Evette PIERCE, Appellant.

Supreme Court of South Carolina.

Decided May 12, 1997.

Rehearing Denied June 16, 1997.

Attorney(s) appearing for the Case

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

Attorney General T. Travis Medlock, Chief Deputy Attorney General Donald J. Zelenka, Senior Assistant Attorney General Harold M. Coombs, Jr., and Staff Attorney G. Thomas Chase, Columbia, and Solicitor, Ralph J. Wilson, Conway, for respondent.

MOORE, Justice.

Appellant was convicted of homicide by child abuse under S.C. Code Ann. § 16-3-85(A)(1) (Supp.1995). We reverse and remand.

FACTS

The victim was appellant's two-year-old son, Kindal.1 Appellant testified Kindal hit his head on the corner of a table on the night he died. She testified he seemed to be uninjured, so she gave him a bath and put him to bed. He was later found dead. Dr. Nichols,...

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