THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State, Respondent,

v.

Rodney Maurice Smith, Appellant.

Appeal From York County
John C. Hayes, III, Circuit Court Judge

Opinion No. 3567

REVERSED

Senior Assistant Appellate Defender Wanda H. Haile, of Columbia, for appellant.

Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Robert E. Bogan, Senior Assistant Attorney General Charles H. Richardson, all of Columbia; and Solicitor Thomas E. Pope, of York, for respondent.

SHULER, J.: Rodney Maurice Smith appeals his conviction for second degree lynching, arguing the trial court erred in failing to direct a verdict. We agree and reverse.

FACTS/PROCEDURAL HISTORY

On September 2, 1998, Carlos Parson and his friend Ebay Moore were on their way