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STATE v. CURRY

Nos. 2012-213370, 5258.

410 S.C. 46 (2014)

762 S.E.2d 721

The STATE, Respondent, v. Wayne Stewart CURRY, Appellant.

Court of Appeals of South Carolina.

Decided August 6, 2014.

Rehearing Denied September 18, 2014.

Attorney(s) appearing for the Case

Susan Barber Hackett , of Columbia, for Appellant.

Attorney General Alan McCrory Wilson , Assistant Attorney General Julie Kate Keeney , and Assistant Attorney General John Walter Whitmire , all of Columbia, for Respondent.

WILLIAMS, J.

Wayne Curry appeals his conviction for throwing bodily fluids on a correctional officer, arguing the circuit court erred in refusing to charge the jury regarding guilty but mentally ill. We reverse and remand.

FACTS/PROCEDURAL HISTORY

Curry was charged with throwing bodily fluids on a correctional officer in violation of section 24-13-470 of the South Carolina Code (2007) after an incident that occurred while he was incarcerated at Lexington...

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