STATE v. GILMORE

No. 4903.

396 S.C. 72 (2011)

719 S.E.2d 688

The STATE, Respondent, v. Willie Albert GILMORE, Appellant.

Court of Appeals of South Carolina.

Decided November 2, 2011.


Attorney(s) appearing for the Case

Appellate Defender Breen Stevens , 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 William M. Blitch, Jr. , and Solicitor W. Barney Giese , all of Columbia, for Respondent.


FEW, C.J.

Willie Albert Gilmore appeals his conviction for first-degree criminal sexual conduct (CSC). The central issue in the appeal is whether the trial court erred in declining to charge the jury on assault and battery of a high and aggravated nature (ABHAN) as a lesser-included offense. We hold the facts do not support an ABHAN charge. We also hold the trial court acted within its discretion in allowing the victim to testify regarding two statements Gilmore allegedly...

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