State v. Davis

• Decision Date: 18 June 1984
• Docket Number: No. 22131,22131
• Citation: State v. Davis, 282 S.C. 45, 317 S.E.2d 452 (S.C. 1984)
• Court: South Carolina Supreme Court
• Parties: The STATE, Respondent, v. Garnett Jewel DAVIS, Appellant.

Page 452

317 S.E.2d 452

282 S.C. 45

The STATE, Respondent, v. Garnett Jewel DAVIS, Appellant.

No. 22131.

Supreme Court of South Carolina.

Submitted Feb. 22, 1984.

Decided June 18, 1984.

Asst. Appellate Defender Tara D. Shurling, of S.C., Columbia, for appellant.

Atty. Gen. T. Travis Medlock, Asst. Attys. Gen. Harold M. Coombs, Jr. and Carolyn M. Adams and Sol. James C. Anders, Columbia, for respondent.

PER CURIAM:

Appellant was convicted of assault and battery with intent to kill and was sentenced to twelve years' imprisonment. She excepts to the trial court's refusal to give her requested jury instruction on self-defense. We affirm.

The requested instruction did not state the correct law of self-defense in this jurisdiction. The trial judge's instructions, considered as a whole, did charge the jury accurately under State v. Bolton, 266 S.C. 444, 223 S.E.2d 863 (1976); therefore, we affirm appellant's conviction.

While we find no reversible error in the instructions given, we suggest to the trial bench that the following instruction on self-defense be used in those cases where the facts indicate that a self-defense charge is appropriate.

Self-defense is a complete defense. If established, you must find the defendant not guilty. There are four elements required by law to establish self-defense in this case. First, the defendant must be without fault in bringing on the difficulty. Second, the defendant must have actually believed he was in imminent danger of losing his life or sustaining serious bodily injury, or he actually was in such imminent danger. Third, if his defense is based upon his belief of imminent danger, a reasonably prudent man of ordinary firmness and courage would have...