State v. Munn

Harwell, Justice:

Appellant was convicted of criminal sexual conduct in the second degree. We reverse and remand.

Appellant was indicted for criminal sexual conduct in the second degree pursuant to S. C. Code Ann. § 16-3-653 (1976). The trial judge charged the jury, however, only on criminal sexual conduct with a minor in the second degree pursuant to S. C. Code Ann. § 16-3-655(3) (1976). The jury returned a verdict of guilty.

A defendant in a criminal case is entitled to be tried only on the charges set forth in the indictment. S. C. Code Ann. § 17-19-10 (1976). The test of sufficiency of an…