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STATE v. MITCHELL

No. 2885.

332 S.C. 619 (1998)

506 S.E.2d 523

The STATE, Respondent, v. Bennie Darren MITCHELL, Appellant.

Court of Appeals of South Carolina.

Decided September 28, 1998.

Rehearing Denied November 19, 1998.

Attorney(s) appearing for the Case

Assistant Appellate Defender Robert M. Pachak, of Office of Appellate Defense, 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, II, all of Office of the Attorney General; and Solicitor W. Townes Jones, IV, Greenwood, for respondent.

GOOLSBY, Judge:

Bennie Mitchell was convicted of first-degree burglary and sentenced to twenty-five years imprisonment. He appeals, asserting the trial court erred in denying his motion for directed verdict because the state failed to prove he entered the dwelling. We reverse.

On September 7, 1995, Hugh Mathis went home for lunch and saw ten beers in his refrigerator. Upon returning home later, he noticed the beers...

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