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STATE v. McGOWAN

No. 25389.

347 S.C. 618 (2001)

557 S.E.2d 657

The STATE, Respondent, v. Robert G. McGOWAN, Jr., Petitioner.

Supreme Court of South Carolina.

Decided December 17, 2001.

Attorney(s) appearing for the Case

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

Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Robert E. Bogan, Senior Assistant Attorney General Harold M. Coombs, Jr. all of Columbia, and Solicitor John Gregory Hembree, of Conway, for respondent.

Justice WALLER.

We granted a writ of certiorari to review the Court of Appeals' unpublished opinion in State v. McGowan, Op. No. 99-UP-626 (S.C. Ct.App. filed Dec. 9, 1999). We affirm in result.

FACTS

McGowan was convicted of assault and battery with intent to kill (ABIK) and resisting arrest with a deadly weapon. The charges stem from police attempts to arrest McGowan for "disorderly conduct." According to the State's version of the evidence...

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