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STATE v. GALBREATH

No. 3812.

359 S.C. 398 (2004)

597 S.E.2d 845

The STATE, Respondent, v. Joshua Adam GALBREATH, Appellant.

Court of Appeals of South Carolina.

Decided June 1, 2004.

Attorney(s) appearing for the Case

John Dennis Delgado and Kathrine Haggard Hudgins, both of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson and Assistant Attorney General David Spencer, all of Columbia; and Solicitor Druanne Dykes White, of Anderson, for Respondent.

HEARN, C.J.:

After a jury convicted Joshua Galbreath of assault and battery of a high and aggravated nature (ABHAN), defense counsel filed a motion for a new trial alleging three instances of juror misconduct. The trial judge held a hearing and considered affidavits, but refused to reconvene the jury for questioning and denied the new trial motion. We affirm.

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