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STATE v. NAVY

No. 4143.

370 S.C. 398 (2006)

635 S.E.2d 549

The STATE, Respondent, v. Kenneth NAVY, Jr., Appellant.

Court of Appeals of South Carolina.

Decided July 31, 2006.

Rehearing Denied September 25, 2006.

Attorney(s) appearing for the Case

Assistant Appellate Defender Robert M. Dudek, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Norman Mark Rapoport; and Solicitor Warren Blair Giese, all of Columbia, for Respondent.

BEATTY, J.:

Kenneth Navy appeals his conviction for homicide by child abuse, arguing the trial court erred in: (1) admitting three inculpatory statements; and (2) refusing to grant a new trial as a result of the State's treatment of defense witnesses and closing argument. We reverse.

FACTS

On February 9, 2003, Navy and his neighbor, Terry Crocker, were at Navy's residence watching television. Navy's twenty-three-month-old son, Kenneth Navy, III ...

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