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STATE v. GARCIA

No. 24896.

334 S.C. 71 (1999)

512 S.E.2d 507

The STATE, Respondent, v. Joseph E. GARCIA, Appellant.

Supreme Court of South Carolina.

Decided February 8, 1999.

Attorney(s) appearing for the Case

David I. Bruck and Assistant Appellate Defender Melody J. Brown, 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, Special Assistant Attorney General Robert F. Daley, Jr., of Columbia; and Solicitor John R. Justice, of Chester, for respondent.

BURNETT, Justice:

Appellant was convicted of murder and sentenced to life imprisonment. We reverse.

FACTS

Appellant admitted he shot and killed his girlfriend, Holly Crouch Collins, while the two were at home on the evening of July 19, 1996. Appellant maintained the shooting was an accident. There were no witnesses.

Over appellant's objection, the State presented witnesses who testified, in essence, shortly before her death, the deceased...

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