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STATE v. SMITH

No. 3567.

352 S.C. 133 (2002)

572 S.E.2d 473

The STATE, Respondent, v. Rodney Maurice SMITH, Appellant.

Court of Appeals of South Carolina.

Decided November 12, 2002.

Attorney(s) appearing for the Case

Senior Assistant Appellate Defender Wanda H. Haile, of Columbia, for appellant.

Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Robert E. Bogan, Senior Assistant Attorney General Charles H. Richardson, all of Columbia; and Solicitor Thomas E. Pope, of York, for respondent.

SHULER, J.:

Rodney Maurice Smith appeals his conviction for second degree lynching, arguing the trial court erred in failing to direct a verdict. We agree and reverse.

FACTS/PROCEDURAL HISTORY

On September 2, 1998, Carlos Parson and his friend Ebay Moore were on their way to a nearby store in York to buy beer.1 As they approached California Street, where "a lot of young men" were hanging out, Parson noticed a black truck...

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