STATE v. SIMMONS

20562

269 S.C. 649 (1977)

239 S.E.2d 656

The STATE, Respondent, v. Edward Lewis SIMMONS, Appellant.

Supreme Court of South Carolina.

December 8, 1977.


Attorney(s) appearing for the Case

Harper & Ferrene, of Beaufort, for Appellant.

Daniel R. McLeod, Atty. Gen., Brian P. Gibbes, Asst. Atty. Gen., Kay G. Crowe, Staff Atty., of Columbia, and Randolph Murdaugh, Jr., Sol., of Hampton, for Respondent.


December 8, 1977.

Per Curiam:

A jury found appellant guilty of rape, burglary and assault and battery with intent to kill. He was sentenced to consecutive terms of forty (40) years, life and ten (10) years, respectively. At issue is the refusal, upon request, of the trial judge to give the following requested instruction to the jury:

"The proof offered by the prosecution must exclude every reasonable hypothesis except that of guilt and must...

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