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STATE v. SUTTON

No. 2895.

333 S.C. 192 (1998)

508 S.E.2d 41

The STATE, Respondent, v. Michael SUTTON, Appellant.

Court of Appeals of South Carolina.

Decided October 26, 1998.

Rehearing Denied December 17, 1998.

Attorney(s) appearing for the Case

Assistant Appellate Defender M. Anne Pearce, of S.C. Office of Appellate Defense, of Columbia, for appellant.

Attorney General Charles Molony Condon, Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General G. Robert DeLoach, III, of Office of the Attorney General, of Columbia; and Solicitor Dudley Saleeby, Jr., of Florence, for respondent.

GOOLSBY, Judge:

Michael Sutton appeals his convictions and sentences for assault and battery with intent to kill, attempted murder, and possession of a firearm during the commission of a violent crime. The dispositive question on appeal concerns whether, under the facts of this case, a prosecution will lie for both assault and battery with intent to kill and attempted murder. We affirm in part and vacate in part.

On December 22, 1994, Sutton shot Dennis Thomas...

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