STATE v. SMITH

No. 4785.

391 S.C. 353 (2011)

705 S.E.2d 491

The STATE, Respondent, v. Wesley SMITH, Appellant.

Court of Appeals of South Carolina.

Decided January 26, 2011.

Rehearing Denied February 28, 2011.


Attorney(s) appearing for the Case

Appellate Defender Kathrine Haggard Hudgins , of Columbia, for Appellant.

Attorney General Alan Wilson , Chief Deputy Attorney General John W. McIntosh , Assistant Deputy Attorney General Salley W. Elliott , Assistant Attorney General Christina Catoe , all of Columbia; and Solicitor John Gregory Hembree , of Conway; for Respondent.


FEW, C.J.

Wesley Smith was convicted of aiding and abetting homicide by child abuse against his four-month-old daughter, Ebony. The trial judge sentenced him to twenty years. Smith raises two primary issues on appeal. First, he claims the judge committed error in admitting evidence of a prior incident of child abuse against Ebony. He also contends the judge erred in allowing the State to proceed under the aiding and abetting section of the homicide by child abuse...

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