STATE v. BERRY

No. 2863.

332 S.C. 214 (1998)

503 S.E.2d 770

The STATE, Respondent, v. Kevin BERRY, Appellant.

Court of Appeals of South Carolina.

Decided June 29, 1998.

Rehearing Denied August 20, 1998.


Attorney(s) appearing for the Case

Assistant Appellate Defender Robert M. Dudek, of South Carolina Office of Appellate Defense, Columbia, for appellant.

Attorney General Charles Molony Condon, Deputy Attorney General John W. Mcintosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Charles H. Richardson, Columbia; and Solicitor Walter M. Bailey, Jr., Summerville, for respondent.


HOWELL, Chief Judge:

Kevin Berry appeals from his conviction for second-degree criminal sexual conduct. We reverse and remand for a new trial.

I.

Viewed in the light most favorable to the State, the evidence established the following. At approximately 3:00 a.m. on August 14, 1995, the victim, a 42-year old female, was walking down a sidewalk near "The Hill" in Orangeburg. The victim was returning to her home after unsuccessfully attempting to purchase...

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