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Supreme Court of South Carolina· 7/12/1993

State v. Lowry

Citations

  • 434 S.E.2d 272
  • 315 S.C. 396
  • 1993 S.C. LEXIS 149

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a voluntary manslaughter charge was necessary where the defendant and the victim were in a heated argument and victim was about to initiate a physical encounter when shooting occurred
  • holding it was an error for trial court to refuse to charge on manslaughter when there was testimony which, if believed, tended to show that the decedent and the defendant were in a heated argument and that the decedent was about to initiate a physical encounter when the shooting occurred
  • properly charged relying on evidence victim and defendant were arguing and victim was about to initiate a physical encounter when shooting occurred
  • “To warrant a court’s eliminating the offense of manslaughter, it should very clearly appear that there is no evidence whatsoever tending to reduce the crime from murder to manslaughter.”
  • “[W]hen death is caused by the use of a deadly weapon, the opprobrious words must be accompanied by the appearance of an assault-by some overt, threatening act-which could have produced the heat of passion.”
  • voluntary manslaughter properly submitted as alternative to murder or self-defense

Source: CourtListener parenthetical corpus (CC0).

Judges: Harwell, Chandler, Finney, Toal, Moore

Read full opinion on CourtListener

Cited by

21 cases in this archive cite this case; the 20 most cited are listed.

Cites

8 cases in this archive are cited by this case.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.