State v. Smith

Moore, Justice:

Appellant appeals his conviction for homicide by child abuse. We reverse and remand.

FACTS

Appellant Terry Smith was convicted of assault and battery of a high and aggravated nature (ABHAN) and homicide by child abuse under S.C. Code Ann. § 16-3-85 (Supp. 1995). He was sentenced to ten years and life, respectively. The ABHAN charge stemmed from several beatings of 2V2-year-old Gabriel Bennett which occurred between December 1993 and January 12, 1994. The homicide charge stemmed from the death of Gabriel’s sister, 1-year-old Dwitasia Bennett, on January 12, 1994. Appellant is…