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STATE v. ANDERS

No. 2639.

326 S.C. 392 (1997)

483 S.E.2d 780

The STATE, Respondent, v. Robert A. ANDERS and Larry D. Simmons, Appellants.

Court of Appeals of South Carolina.

Decided March 3, 1997.

Rehearing Denied April 24, 1997.

Attorney(s) appearing for the Case

O.W. Bannister, Jr., of Hill, Wyatt, Bannister & Brown, Greenville, for appellants.

Attorney General Charles Molony Condon, Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Harold M. Coombs, Jr., Columbia; and Solicitor Joseph J. Watson, Greenville, for respondent.

HOWARD, Judge:

Robert Anders (Anders) and Larry Simmons (Simmons) were indicted for common law conspiracy, third degree arson, and burning to defraud an insurer. The appellants were tried together and both found guilty on all indictments. Anders asserts the trial court erred in admitting testimony of a coconspirator's statement against him because the State failed to establish a prima facie case of conspiracy or that...

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