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STATE v. SMITH

No. 4202.

372 S.C. 404 (2007)

642 S.E.2d 627

The STATE, Appellant, v. Arthur Franklin SMITH, Respondent.

Court of Appeals of South Carolina.

Decided February 5, 2007.

Rehearing Denied March 22, 2007.

Attorney(s) appearing for the Case

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Senior Assistant Attorney General Norman Mark Rapoport, all of Columbia; and Solicitor I. McDuffie Stone, III, of Beaufort, for Appellant.

Acting Chief Attorney Joseph L. Savitz, III, Office of Appellate Defense, of Columbia, for Respondent.

STILWELL, J.:

Arthur Franklin Smith was convicted of first degree criminal sexual conduct with a minor and sentenced to twenty years imprisonment. The trial judge granted Smith's new trial motion on the ground he was denied a fair trial, because the testimony of the victim, John Doe,1 was corrupted and his free will potentially overridden by the coaching of Doe's aunt, Cynthia, during his testimony. The State appeals the grant of a new...

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