Supreme Court of South Carolina· 2/7/2011

State v. Smith

Citations

706 S.E.2d 12
391 S.C. 408
2011 S.C. LEXIS 32

How courts have described this case

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

holding, \Because Smith was acting unlawfully\ in taking a loaded, unlawfully-carried pistol into an illegal drug transaction, \he was not entitled to an accident charge\
defining involuntary manslaughter under the second definition as “the unintentional killing of another without malice, while engaged in a lawful activity with reckless disregard for the safety of others”
\Voluntary manslaughter is the intentional and unlawful killing of a human being in sudden heat of passion upon sufficient legal provocation.\
“If there is any evidence to warrant a jury instruction, a trial court must, upon request, give the instruction.”
“Because [the defendant] was acting unlawfully, he was not entitled to an accident charge.”
\To warrant the court in eliminating the offense of manslaughter it should clearly appear that there is no evidence whatsoever tending to reduce the crime from murder to manslaughter.\ (emphasis added

Source: CourtListener parenthetical corpus (CC0).

Judges: Kittredge, Toal, Pleicones, Beatty, Moore

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17 cases in this archive cite this case.

Cites

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