Stone v. State

Ness, Chief Justice:

Petitioner was convicted of assault and battery of a high and aggravated nature (ABHAN) and assaulting a police officer. He was sentenced to consecutive terms of six (6) years for assaulting a police officer and eight (8) years for ABHAN. A direct appeal was taken and petitioner’s conviction and sentence were affirmed by this Court. State v. Stone, 285 S. C. 386, 330 S.E. (2d) 286 (1985) (failure to request an instruction, when given an opportunity to do so, acts as a waiver of right to have law charged). His petition for a writ of certiorari was granted to review the…