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STATE v. JOHNSON

No. 3939.

363 S.C. 184 (2005)

610 S.E.2d 305

The STATE, Appellant, v. Rorey Jamar JOHNSON, Respondent.

Court of Appeals of South Carolina.

Decided January 31, 2005.

Rehearing Denied March 17, 2005.

Attorney(s) appearing for the Case

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia; and Solicitor Robert M. Ariail, of Greenville, for appellant.

Acting Chief Attorney Joseph L. Savitz, III, of Columbia, for respondent.

HEARN, C.J.

After a jury convicted him of murder, Rorey Jamar Johnson was granted a new trial based on an improper reference by a State's witness to a polygraph exam. The State appeals. We affirm.

FACTS

Rorey Jamar Johnson was charged with the murder of Gregory Whitaker who was fatally shot in the upper left shoulder while sitting in a car. At trial, the State presented three witnesses who testified to having been at the scene of the shooting. The...

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