Supreme Court of South Carolina· 8/19/1996
State v. Byrd
Citations
- 474 S.E.2d 430
- 323 S.C. 319
- 1996 S.C. LEXIS 145
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the defendant's actions between the alleged provocation and killing did not support a finding of sudden heat of passion
- holding that the defendant’s actions between the alleged provocation and killing did not support a finding of sudden heat of passion
- holding that the defendant’s actions between the alleged provocation and killing did not support a finding of sudden heat of passion
- holding that where death is caused by the use of a deadly weapon, words alone, however opprobrious, are not sufficient to constitute a legal provocation, but words accompanied by hostile acts may, according to the circumstances, reduce a charge from murder to voluntary manslaughter
- providing that in determining whether the evidence requires a charge of voluntary manslaughter, appellate courts view the facts in a light most favorable to the defendant
- stating an appellate court views the facts in the light most favorable to the defendant when determining whether the evidence requires a charge on a lesser-included offense
Source: CourtListener parenthetical corpus (CC0).
Judges: Toal, Finney, Moore, Waller, Burnett
Read full opinion on CourtListenerCited by
23 cases in this archive cite this case; the 20 most cited are listed.
- State v. PittmanSupreme Court of South Carolina· 2007-06-11· cited 186×
- State v. KnotenSupreme Court of South Carolina· 2001-11-05· cited 70×
- State v. ColeSupreme Court of South Carolina· 2000-01-04· cited 67×
- State v. WhartonSupreme Court of South Carolina· 2009-02-02· cited 36×
- State v. SamsSupreme Court of South Carolina· 2014-09-24· cited 28×
- State v. JohnsonSupreme Court of South Carolina· 1998-11-09· cited 25×
- State v. ChildersSupreme Court of South Carolina· 2007-04-23· cited 24×
- State v. WalkerSupreme Court of South Carolina· 1996-11-18· cited 22×
- State v. CooleySupreme Court of South Carolina· 2000-08-14· cited 22×
- State v. GrubbsCourt of Appeals of South Carolina· 2003-02-18· cited 15×
- State v. HernandezCourt of Appeals of South Carolina· 2010-02-25· cited 15×
- State v. ColemanCourt of Appeals of South Carolina· 2000-06-26· cited 13×
- State v. WilliamsSupreme Court of South Carolina· 2019-06-12· cited 12×
- State v. DickeyCourt of Appeals of South Carolina· 2008-10-29· cited 10×
- State v. HollandCourt of Appeals of South Carolina· 2009-08-18· cited 8×
- State v. WrightCourt of Appeals of South Carolina· 2016-04-27· cited 7×
- State v. CommanderCourt of Appeals of South Carolina· 2009-06-11· cited 6×
- State v. NilesCourt of Appeals of South Carolina· 2012-09-12· cited 4×
- State v. CherryCourt of Appeals of South Carolina· 2001-02-12· cited 3×
- State v. WhartonCourt of Appeals of South Carolina· 2005-10-10· cited 1×
Cites
6 cases in this archive are cited by this case.
- Kelly v. Wauconda Park DistrictSupreme Court· 1987-03-23· cited 88×
- State v. KornahrensSupreme Court of South Carolina· 1986-10-13· cited 73×
- State v. GardnerSupreme Court of South Carolina· 1951-03-19· cited 52×
- State v. TysonSupreme Court of South Carolina· 1984-11-12· cited 27×
- State v. GadsdenSupreme Court of South Carolina· 1994-03-21· cited 22×
- State v. DavisSupreme Court of South Carolina· 1897-09-24· cited 22×
Sourced from CourtListener / Free Law Project (CC0).
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