State v. Pilgrim

MOORE, Justice:

We granted the State’s petition for a writ of certiorari to review the Court of Appeals’ decision in State v. Pilgrim, 320 S.C. 409, 465 S.E.2d 108 (Ct.App.1995). We affirm as modified.

FACTS

Respondent Willie Earl Pilgrim was convicted of assault and battery with intent to kill (ABIK) and sentenced to fifteen years. On October 21, 1991, sixty-two-year-old Marion Douglas Smith (Victim) was assaulted as he was putting groceries into his car. The victim testified he was struck five times by a blunt object. He sustained several broken bones and was hospitalized for a week following…