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STATE v. CUTRO

No. 24834.

332 S.C. 100 (1998)

504 S.E.2d 324

The STATE, Respondent, v. Brenda Gail CUTRO, Appellant.

Supreme Court of South Carolina.

Decided August 31, 1998.

Rehearing Denied September 25, 1998.

Attorney(s) appearing for the Case

Thomas M. Neal, III, H. Wesley Kirkland, Jr., and S.C. Office of Appellate Defense, Columbia; and L. Lisa McPherson, Lexington, for appellant.

Attorney General Charles Molony Condon, Assistant Deputy Attorney General Donald J. Zelenka, Senior Assistant Attorney General William Edgar Salter, III, Solicitor Warren B. Giese, and Deputy Solicitor Jonathan S. Gasser, Columbia, for respondent.

MOORE, Justice:

Appellant Brenda Gail Cutro was convicted of one count of murder and sentenced to life imprisonment. We reverse.

FACTS

In 1993, appellant and her husband operated a day care center in their home. During that year, two infants died while in their care. A third child was diagnosed with Shaken Baby Syndrome. Appellant was convicted of murder for the September 1993 death of four-month...

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