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STATE v. ELLIOTT

No. 2987.

335 S.C. 512 (1999)

517 S.E.2d 713

The STATE, Respondent, v. Clyde ELLIOTT, Appellant.

Court of Appeals of South Carolina.

Decided May 3, 1999.

Rehearing Denied June 26, 1999.

Attorney(s) appearing for the Case

Assistant Appellate Defender Melody J. Brown, of SC Office of Appellate Defense, of Columbia, for appellant.

Attorney General Charles M. Condon, Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General G. Robert DeLoach, III, all of Columbia; and Solicitor Randolph Murdaugh, of Hampton, for respondent.

GOOLSBY, Justice:

Clyde Elliott appeals his conviction for assault and battery of a high and aggravated nature (ABHAN). We vacate.

FACTS

On June 23, 1997, a Colleton County grand jury indicted Clyde Elliott on one count of assault with intent to commit criminal sexual conduct (CSC) in the first degree.1 At trial, the indictment was amended to assault with intent to commit CSC in the third degree. In addition to an appropriate...

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