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STATE v. KEY

22152

282 S.C. 413 (1984)

319 S.E.2d 338

The STATE, Respondent, v. David Eugene KEY, Appellant.

Supreme Court of South Carolina.

Decided August 7, 1984.

Attorney(s) appearing for the Case

Asst. Appellant Defender William Isaac Diggs, Columbia, for appellant.

Atty. Gen. T. Travis Medlock and Asst. Atty. Gen. Harold M. Coombs, Jr., Columbia, Sol. William L. Ferguson, York, for respondent.

Submitted May 17, 1984.

Decided Aug. 7, 1984.

Per Curiam:

Appellant was arrested and found to be in possession of slightly under two ounces of marijuana. He was convicted under S.C. Code Ann. § 44-53-370 (Supp. 1983) of possession of marijuana with intent to distribute and sentenced to seven years imprisonment. Appellant excepts to the trial judge's instruction.

The judge charged the jury:

I charge you that prima facie...

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