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STATE v. SMITH

No. 25010.

337 S.C. 27 (1999)

522 S.E.2d 598

The STATE, Respondent, v. Derrick SMITH, Appellant.

Supreme Court of South Carolina.

Decided November 8, 1999.

Attorney(s) appearing for the Case

Senior Assistant Appellate Defender Wanda H. Haile, of South Carolina Office of Appellate Defense, of Columbia, for appellant.

Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Assistant Attorney General G. Robert DeLoach, III, and Solicitor Warren B. Giese, all of Columbia, for respondent.

PER CURIAM:

Appellant was convicted of murder and assault and battery with intent to kill (ABIK)1 and sentenced to life and ten years' imprisonment, respectively. He appeals.

FACTS

Shortly before midnight on October 14, 1996, appellant shot and killed his six-week-old daughter, Fuschia, while she was being held by his wife, the infant's mother, Tammy. The bullet entered Fuschia's chest, exited through her back...

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