STATE v. GROVENSTEIN

No. 2736.

328 S.C. 548 (1997)

493 S.E.2d 865

The STATE, Respondent v. Gary GROVENSTEIN, Appellant.

Court of Appeals of South Carolina.

Decided October 20, 1997.

Rehearing Denied December 19, 1997.


Attorney(s) appearing for the Case

J. Edward Bell, III, of Bell & Moore, Sumter; and Robert J. Harte, Aiken, for appellant.

Attorney General Charles Molony Condon, Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General G. Robert DeLoach, III, Columbia; and Solicitor Barbara R. Morgan, Aiken, for respondent.


CONNOR, Judge:

Gary Grovenstein appeals his convictions for two counts of criminal sexual conduct with a minor, first degree, and one count of criminal sexual conduct with a minor, second degree. He argues the trial judge abused his discretion in denying his motion for a mistrial because the presence of an alternate juror in the jury room while the jury deliberated violated his right to trial by an impartial jury of no more than twelve and caused actual prejudice...

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