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STATE v. ELLIOTT

No. 25356.

346 S.C. 603 (2001)

552 S.E.2d 727

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

Supreme Court of South Carolina.

Decided September 4, 2001.

Attorney(s) appearing for the Case

Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, all of Columbia; and Solicitor Randolph Murdaugh, III, of Hampton, for petitioner.

Deputy Chief Attorney Joseph L. Savitz, III, of South Carolina Office of Appellate Defense, of Columbia, for respondent.

BURNETT, Justice:

We granted certiorari to review a decision of the Court of Appeals holding assault and battery of a high and aggravated nature (ABHAN) is not a lesser included offense of assault with intent to commit criminal sexual conduct (ACSC) in the third degree. State v. Elliott, 335 S.C. 512, 517 S.E.2d 713 (Ct.App.1999). We reverse.

FACTS

Respondent was indicted...

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