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STATE v. COLEMAN

No. 3206.

342 S.C. 172 (2000)

536 S.E.2d 387

The STATE, Respondent, v. Paul R. COLEMAN, Appellant.

Court of Appeals of South Carolina.

Decided June 26, 2000.

Rehearing Denied October 7, 2000.

Attorney(s) appearing for the Case

Assistant Appellate Defender Melissa J. Reed Kimbrough, of SC Office of Appellate Defense, of Columbia, for appellant.

Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, and Senior Assistant Attorney General Norman Mark Rapoport; and Solicitor Warren B. Giese, all of Columbia, for respondent.

HEARN, Chief Judge:

Paul Coleman appeals his conviction for assault and battery with intent to kill (ABIK), alleging the trial judge erred in refusing to charge the jury on the lesser included offense of assault and battery of a high and aggravated nature (ABHAN). We affirm.1

FACTS

On January 10, 1997, at or about 11:23 p.m., Victim and his co-employee were working at a Subway restaurant preparing to close for the evening...

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