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STATE v. PLATH

21582

277 S.C. 126 (1981)

284 S.E.2d 221

The STATE, Respondent, v. John H. PLATH and John David Arnold, Appellants.

Supreme Court of South Carolina.

October 7, 1981.

Attorney(s) appearing for the Case

C. Scott Graber, Ralph V. Baldwin, Jr., and Peter L. Fuge, Beafourt, and Ronald A. Hightower, Lexington, for appellants.

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

October 7, 1981.

GREGORY, Justice:

This appeal is from sentences of death of murder and kidnapping entered against John H. Plath and John David Arnold. We affirm the convictions, set aside the sentences and remand for resentencing.

THE FACTS

The appellants Plath and Arnold were arrested on July 7, 1978, on warrants charging them with the kidnapping and murder of Betty Gardner a/k/a Betty J. Adkins...

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