STATE v. BURTON

No. 25745.

356 S.C. 259 (2003)

589 S.E.2d 6

The STATE, Petitioner, v. Kenneth Andrew BURTON, Respondent.

Supreme Court of South Carolina.

Decided November 3, 2003.

Rehearing Denied December 4, 2003.


Attorney(s) appearing for the Case

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Charles H. Richardson, all of Columbia, and Solicitor W. Townes Jones, IV, of Greenwood, for Petitioner.

Senior Assistant Appellate Defender Wanda H. Haile, of South Carolina Office of Appellate Defense, of Columbia, for Respondent.


Justice PLEICONES:

This Court granted the State's petition for writ of certiorari to review the Court of Appeals' decision in State v. Burton, 349 S.C. 430, 562 S.E.2d 668 (Ct.App.2002),1 and further directed the parties to brief whether pointing and presenting a firearm is a lesser included offense of assault with intent to kill. We vacate Burton's conviction of...

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